font of the JOCKEY mark used by the
Defendants are identical/ deceptively similar to the manner,
style and font in which the Plaintiffs use their ... respect of similar goods. Two, where the marks are
similar and in respect of goods which are identical or similar.
Three, the marks as well
other packaging/ label mark as is deceptively similar to plaintiff
No.1‟s COLGATE Dental Cream packaging including label/ carton/
tube amounting to infringement ... bear a get up, lay out
and colour scheme that is deceptively similar to the trade dress of the
plaintiffs‟ Colgate Dental Cream carton. Defendant
offence of violation of trademark by the
adoption and use of deceptively similar marks, they have also attempted
to make a deliberate misrepresentation is bound ... offence of violation of trade mark by
adoption and use of deceptively similar marks, which is bound to cause
confusion and deception in the minds
observed as under:
15. A mark, is said to be deceptively similar to another
( Section 2(1)(h) , Trademarks Act, 1999) if it so nearly ... respect of similar goods. Two, where the marks are similar and in
respect of goods which are identical or similar. Three, the marks
as well
observed as under:
15. A mark is said to be deceptively similar to another
( Section 2(1) (h) , Trademarks Act, 1999) if it so nearly ... situation where the
Defendant uses a mark, which is identical or deceptively
similar to that of the Plaintiff, in respect of the same goods
colour
scheme and layout of the label either identical with or deceptively
similar by any person other than the plaintiffs will give rise ... defendants have used the mark AKTIVA 4T which is
deceptively similar mark of the Plaintiff i.e. ATIV 4T who
is the owner and earlier
Court had further laid down
the following decisive tests for checking deceptive similarity:
"35. Broadly stated, in an action for passing ... basis
of unregistered trade mark generally for deciding the
question of deceptive similarity the following factors are to
be considered:
(a) The nature
logo or any other trade
mark and/or logo which is deceptively similar to the plaintiff's trade mark
HERO HONDA and/or logo
impugned mark "JANE NORMAN" or
any deceptively similar variant of the mark or use of the mark in
conjunction with non-distinctive ... internet also amounts to passing off by virtue of being deceptively
similar to the domain name of the plaintiff i.e. www.janenorman
right or justification to use the same or a deceptively similar mark in
respect of its domain name / URL/trademark/service mark/corporate
name/trade ... well established trademark "ICICI" or a
deceptively similar mark, in respect of or as a part of its domain
name / URL.
20. This
