whether the
mark "Falicigo" and "Falcitab" were deceptively similar. The trial Court
refused interim injunction. The Appeal was also dismissed. This ... similar and hence similar in idea.
c) The nature of the goods in respect of which they are
used as trade marks.
d) The similarity
caused in the mind of the general public by
such deceptive similarity. It was also found that the balance of
convenience was in favour ... registrants. Confusing similarity in domain names may be a ground for
complaint and similarity is to be decided on the possibility of deception
amongst potential
promotional material.
(2) The defendants are hereby restrained
from using the deceptively similar
colour combination on their cartons,
packages and promotional material.
(3) Defendants shall
intended by means of that resemblance to practice
deception, or knowing it to be likely that deception
will thereby be practiced.
Explanation ... intended by means of that resemblance to
practice deception or knew it to be likely that
deception would thereby be practiced."
Sections
Bar Council Of India vs High Court Of Kerala on 27 April, 2004
Equivalent citations
Ashok Leland Ltd vs State Of Tamil Nadu And Anr on 7 January, 2004
Equivalent
Commissioner Of Customs, Kandla vs M/S Essar Oil Limited & Ors on 7 October
name not including the word 'Baker' or any similar word. If Baker so desires, the parties shall ensure that Baker and the said ... this name by the Respondents is likely to cause confusion and deception and that the Appellants would suffer damages if the interim relief
Hpa International vs Bhagwandas Fateh Chand Daswani And ... on 13 July, 2004
Equivalent citations: AIR
with approval by this
Court in Pratap Singh 's case."
Similar is the view taken by this Court in the case ... property would
render the transaction void ab initio.
Fraud and deception are synonymous.
Although in a given case a deception
may not amount to fraud
