anybody claiming through the
defendants from using in any manner deceptively similar mark
Page 1 of 21
Downloaded ... Court has inter alia laid down certain questions for
considering the deceptive similarity in an action for passing of.
Learned senior advocate has also relied
cause confusion,
deception and amounts to misrepresentation done by the
Defendant by using the disputed mark which is identical/
deceptively similar as that ... cause confusion,
deception and amounts to misrepresentation done by the
Defendant by using the dispute mark which is
identical/deceptively similar as that
manner whatsoever including
website under the trade mark / trade style, deceptively
similar to the trade mark / trade name of the plaintiff
'UNISON ... that similarity between the two
competing words is to be seen rather than dis-similarities to
determine whether there is likelihood of deception or causing
manner or from adopting or
using any marks identically or deceptively similar to the
registered trade mark "Gulab", which is a prior used ... 2023 CAV JUDGMENT DATED: 22/07/2024
undefined
deceptively similar to the registered trade mark of the
plaintiffs "Rose" with device, which
CITATION
C/AO/194/2023 JUDGMENT DATED: 29/02/2024
undefined
deceptively similar to the plaintiff's trade mark, whether
registered or unregistered.
Shall ... fraudulent or obvious imitation
(identical or deceptively similar) to the article of the
plaintiff, therefore, there will clearly exist common set of
facts with respect
defendant
no.1, the plaintiffs were not aware as to
what all similarities were there in the
machines of the defendants and the galaxy
machine ... plaintiffs that data output generated by
defendant no.1 looked deceptively similar
to that of the report generated by galaxy
machines of the plaintiffs which
sale a product by name 'Statcom', which is deceptively similar to
plaintiff's trade mark. The name 'Statcom' is visually
trade mark claimed for such goods must be same or deceptively
similar to the trade mark already registered. It may be noted that
under ... honest concurrent use and/or of other special
circumstances, same and deceptively similar trade marks may be
permitted to another by the Registrar, subject
fabrics in Class-24 and (ii) KARAM
GREEN TEX, which is deceptively similar to it which
amounts to infringement of trademark plaintiff's mark ... course of trade, a mark which is
identical with, or deceptively similar to,
the trade mark in relation to goods or
services in respect
Trade Marks Act, 1999 . Thus, services provided under
identical and/or deceptively similar mark in label is obviously
with intention to pass off the services ... defendant knowingly launched their services under identical
and/or deceptively similar Trademark / label mark SPG with a
view to attacking on plaintiff's popular
