said respondent No. 1 has adopted a trade
mark which is almost similar to that of the
petitioner i.e. ''DWM-DHARIWAL ... petitioner. Even in spite of such awareness
he proceeded to adopt deceptively similar
trade mark and thus the user cannot be said
to be honest
phonetically and/or
structurally similar and/or identical with and/or deceptively similar
to or fraudulent imitation of your petitioners' trade mark
under the same
mark 'Tara/Tara Biri' in a deceptively similar packaging as that
of the petitioner. The word Tara/Tara Biri also ... packaging.
It appears that the products of the defendants are
deceptively similar to that of the plaintiff. In view of the
averments made
respondents are trying to sell
sarees under an identical and deceptively similar mark "Panghat"
from 127A, Park Street, Kolkata-700 017. Immediately
desist from using the mark, as according
to them it is deceptively similar to their registered mark "Asha".
Mr. Banerjee points out that
253571 dated 30th April, 2013 by applying the identical and/or
deceptively similar design having obvious and/or fraudulent imitation of the
registered design ... cannot sell any product which will likely to infringe or are deceptively similar
to the product of the plaintiff and in respect whereof the plaintiff
said marks of the plaintiff and the defendant
identical and/or deceptively similar?
5. Are the other goods of the defendant inferior in
quality
basis that the
mark being used by the defendant is deceptively similar to that of
the plaintiff. The cartoons of both the products were produced
defendant was using the label "Prapti
Collection" which is deceptively similar to the mark being used by the plaintiff.
The plaintiff claimed that
overall get up of the
packaging closely resembles and is deceptively similar to the packaging of
the plaintiff. The ordinary prudent customer, in my prima
