partners are selling bread in plastic packets having dimensions which are deceptively similar with the company and the distinctive package design of the said company ... said firm under the said mark is identical and/or deceptively similar to the said company's said trademark and is packaged in packets
some authorities plaintiff/respondent raised objections about the use of deceptively similar trademark by the appellant. Ignoring the objections, appellant started manufacturing, marketing and selling ... Durgapur Cements' and using a trade dress which was deceptively similar in get-up, material and colour scheme. Thus the appellant dishonestly, deliberately
using the trademark ORIENT or any other mark deceptively similar
thereto in respect of lamps of any description and also for permanent injunction
restraining them ... lamps bearing the
trademark, "ORIENT" or any other mark deceptively similar thereto in respect of
lamps of any description and also
brand ball pens and the respondents introduced in the market a deceptively similar product. Rotomac filed a suit for permanent injunction to prevent infringement ... visual inspection found that the respondent's product was deceptively similar despite some small differences. As such, the Court in Rotomac granted interim order
that the defendant is a subsequent user of an identical and
deceptively similar mark as that of the plaintiffs. He has referred to
the affidavit ... Court
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had found that the word 'MAJ' was deceptively similar to the word
'TAJ'. It has observed that once
that the petitioner has failed to satisfy the test of
reputation, deceptive similarity and damage or likelihood thereof which
7
are the pre-conditions ... alleged that the impugned product of the respondent
comprises of deceptive similarities in the trade dress and the get up
which are exclusively associated with
that the petitioner has failed to satisfy the test of
reputation, deceptive similarity and damage or likelihood thereof which
7
are the pre-conditions ... alleged that the impugned product of the respondent
comprises of deceptive similarities in the trade dress and the get up
which are exclusively associated with
name
"thespartanpoker" and using the same and/or a deceptively similar Spartan
helmet logo. The plaintiffs claimed violation of the petitioners' rights ... Trade Mark "TheSpartanPoker" which is identical and/or deceptively
similar to the Trade Mark "Spartan poker'. The use of "TheSpartanPoker
Plaintiff. The use of such identical
trade name/corporate name and deceptively similar domain name
10
amounts to misrepresentation in the course of trade ... defendant of any
trade mark which is identical with or deceptively similar to the
plaintiff's trade mark, whether registered or unregistered.
Apart from
name,
"thespartanpoker" and using the same and/or a deceptively similar
Spartan helmet logo. Use of the same is in violation ... defendant of any trade
mark which is identical with or deceptively similar to the plaintiff's
trade mark, whether registered or unregistered.
Apart from
