name containing a word/trademark which is either identical with
or deceptively similar to the plaintiff's trademark "DHUNSERI";
(e) A decree ... name containing a
word/trademark which is either identical with or deceptively similar to the
trademark "DHUNSERI" of the plaintiff
basis of
unregistered trade mark generally
for deciding the question of
deceptive similarity the following
factors to be considered:
a) The nature of the marks ... very
close microscopic examination of two
marks for ascertaining alleged
deceptive similarity may not be
adopted. There need not be actual
deception or confusion
other trade mark, trade/corporatename, that is identical with or deceptively similar to the registered trademark "CHANDAMAMA" of the plaintiff under tradmark registration ... that degree of resembleness between the marks which are phonetically similar, similar in trade, similarity in the nature, character and purpose of the goods
pictorial representation found in plaint document
No.10 which is deceptively similar to the Aseptic Brick
Pack ... defendant's packaging make the impugned
package obviously and deceptively similar to that of the
plaintiff. The defendant's brand Magic
Belly under the
name 'HAPPY BELLY'' which is deceptively similar to the
plaintiff's trademark and thereby infringing the plaintiff ... reputation
and goodwill of the plaintiff has used the deceptively
similar and identical impugned mark "HAPPY BELLY" that
is negatively effecting the market
unwary consumers by giving false
and fraudulent impression, adoption of identical/deceptively
similar trade marks and is likely to trade upon and to encash upon ... similarity whatsoever to the plaintiff's trade mark
OMIDON, OMIDOM & EMEDOM and they are neither similar nor
deceptive on any of the grounds
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
defendant's reason to come up with such a deceptively similar variant
or one that is a substantial reproduction is solely to come ... defendant's adoption of the impugned mark which is
deceptively similar to the plaintiff's MOTHER DAIRY (blue logo) and
the trade-dress
TRAVEL' or any other
mark identical or deceptively similar to the plaintiff's mark, as part of their
corporate name or in relation ... company; and,
(vi) the defendants had not only adopted the deceptively similar
trade mark as that of the plaintiff but also entered into the same
According to the plaintiff, the mark used by the defendant is deceptively
similar to the plaintiff‟s mark 5 STAR. The impugned product ... that an
identical mark or a mark which is deceptively
similar to the registered mark has been used by
the defendant.
The expression "deceptively
