annexed as Annexure B to the plaint is different and
not deceptively similar to the plaintiff's
trademark/label attached as Annexure ... Plaintiffs' label and packaging. The marks are also
confusingly and deceptively similar.
26. The Defendant has filed its written statement at an early stage
labels is, at
a plain glance, similar, and constitutes, therefore,
similar trade dresses. The two labels are, therefore,
deceptively similar, as perceived ... labels is similar at first glance,
constituting similar trade dress. Therefore, the two labels were deceptively
similar as perceived by a person of average intelligence
Petitioner's mark has also been protected against use of
deceptively similar marks such as 'TM' in respect of identical products ... device
marks 'GM' and 'TM' were deceptively similar. An injunction has been
granted against use of device mark
passing off including, the Plaintiffs
NB or any other mark
deceptively similar to the
Plaintiff's NB Marks.
17.08.2022 Salman Khan & Suit alleging ... Marks, NEW BALANCE
and NB logo mark or any
other mark deceptively
similar to the Plaintiffs
Marks. The Court also
appointed a Local
Commissioner
mark "Officere's" or any
other mark deceptively similar to the mark of the
plaintiff. Accordingly, the decree is granted in terms ... DHIRENDER KUMAR
Signing Date:17.07.2023
18:23:22
deceptively similar mark/label to the Plaintiffs
trademarks/label marks "Officer", 'Officer
mark 'EVENING MOMENT' by the
Defendants, which is deceptively similar to the Plaintiff's mark 'MAGIC
MOMENTS' registered in Class ... facie the word mark
'Officer's Special' is deceptively similar to the mark
'Officer's Choice', therefore, the appellant
lies in protecting the
consumer against an unwary purchase of a deceptively
similar product. The consumer must be protected
against a reasonable possibility of confusion ... COMM) 622/2018 Page 14 of 21
out of a deceptively similar mark. The attempt,
therefore, to read down Cadila is impermissible."
Thus
CROSSFIT' or any other mark/logo identical
and/or deceptively similar to the Plaintiff's mark
'CrossFit', whether offline or online ... CROSSFIT' or any other mark/logo identical and/or
deceptively similar to the Plaintiff's mark 'CrossFit',
whether offline or online
BLUE HEAVEN" and "MARC
HEAVEN" are identical/deceptively similar.
15. Mr. Rishabh Srivastava, ld. Counsel appearing for the Petitioner,
submits that ... Heaven GET Bold EYELINER ' ' is
identical with and deceptively similar to the Applicant
for rectification's Trade Mark 'MARC HEAVEN
legitimate to obtain a
registration and prevent use of identical or deceptively
similar marks by others, in spite of the descriptive
words forming part ... held hereinbefore, the defendant's mark is,
visually and phonetically, deceptively similar to the
plaintiff's "NATURE'S INC." mark
