plaintiff is aggrieved that the defendant has adopted a
deceptively similar trade mark as 'CHANDA NO. 1 SANAUR' with
device of star ... 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
reproduce the said trade mark/artistic work and any other
deceptively similar mark/artistic work done by anyone else without the
leave, licence or consent ... unqualified right to seek injunction against the person using the
deceptively similar mark. The product of the defendant is deceptively
similar to that
plaintiff, before this Court had therefore fraudulently
adopted a deceptively similar mark LUCYNTA, that too, in respect of
the same drug and such a fraudulent ... registered proprietor to prevent others
from using an identical or deceptively similar trademark, is to
obviate the necessity of proving in each and every case
letter dated 18th September, 2003, stating that the
proposed mark was deceptively similar to plaintiff's mark.
15. Defendant No. 1 and/or related ... applicants. In
any case, admittedly, all applications for ROLEX and/or deceptively
similar marks in the name of defendant No.1's related parties
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
Court answered the question whether the rival marks were
identical or deceptively similar. The Court concluded that there was a marked
difference in the rival ... other
as to be likely to deceive or cause confusion (deceptively similar). In other words,
association can only be ordered between two trademarks when they
superior quality of goods, even
the two trademarks have become deceptively similar.
29. In order to establish infringement, the main ingredients of Section ... defendant's
mark is identical with or deceptively similar to the registered trade mark; and
the defendant's use of the mark
course of a trade mark which is
identical with or deceptively similar to the trade mark in
relation to any goods in respect of which ... Marks Act shall stand infringed by
use of an identical or deceptively similar trade mark also.
14. The trade mark "DIMMER
expression "ALL-AROUND
PROTECTION" are not deceptively similar to the plaintiff‟s registered mark
"ALLROUND". Reliance is placed on judgment ... INDIA, the High
Court held that mark was ceased to be deceptively similar to the appellant‟s
trade mark. The Supreme Court negated the contention
identical or
deceptively similar mark by any other person in relation to similar goods,
without permission, consent or license from the plaintiffs amounts to
infringement ... defendant of the trade mark DROTAMOL, which is deceptively similar to,
plaintiff's registered trade mark DROTIN in respect of identical/similar
goods
