2373/2013 Page 1 of 41
under the deceptively similar marks CLINOXID /
CLINOXIDE / CLINOXIDE-A, passing off and
damages.
2. Plaintiffs claim ... Plaintiff, the Defendant has recently adopted
a deceptively similar mark CLINOXID that is
confusingly and deceptively similar to the Plaintiffs'
registered trademark CLINDOXYL
Defendants of a phonetically and
visually deceptively similar trade mark „ZIVA‟. The
Defendants are using the said mark „ZIVA‟ also for the
purposes ... deceptively similar
to the mark of the Plaintiff. Phonetic
similarity constitutes an important index of
whether a mark bears a deceptive or
misleading similarity
mark "ECONOVA" or any other
mark deceptively similar to the Plaintiff's registered mark. By the present Notice of
Motion, the Plaintiff ... ECONOVA" which in the opinion of the Plaintiff was deceptively
similar to the Plaintiff's registered trademark "EVANOVA". The Plaintiff therefore
plaintiff that the use of expression MAX, which is
identical/deceptively similar to the registered trademark MEX of the
plaintiff, either as a trademark ... likely to cause confusion or deception. The Registrar thus found that the
marks were not deceptively similar. But on appeal both the Single Judge
trade mark "Collector‟s Choice" or
any other mark deceptively similar to the plaintiff‟s trade mark "Officer‟s
Choice ... trade mark "Collector‟s
Choice" or any other mark deceptively similar to the plaintiff‟s trade
mark "Officer‟s Choice
mark „Genesis SKYON‟ or any other trade mark which
may be deceptively similar to the plaintiff‟s trade mark „IREO SKYON‟.
Other connected reliefs ... said impugned trade
mark or using any trade mark which is deceptively similar to the plaintiff‟s
trade mark till pendency of the Suit
doing so under the trade name „Officer‟s
Special‟ which is deceptively similar to that of the plaintiff
trade name inasmuch as it not only ... plaintiff also submits that the
unauthorized intended use of the deceptively similar trademark "Officer‟s
Special" by the defendant
otherwise,
mistakes can arise specially where the trade marks are
deceptively similar. In Blansett Pharmaceuticals Co. v.
Carmick Laboratories Inc., 25 USPQ 2nd 1473 (TTAB ... 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
DOCTOR
BRANDY" or from adopting/using any other identical
or deceptively similar trademark/label.
2. The case of the Plaintiff is that the Plaintiff ... such trademark.
It is contended that the Defendant has adopted a
deceptively similar trademark BRIHAN'S DANZ NO.
1 WHISKY, the only distinction being
using (firstly) the trade
mark BRIGHT, which is confusingly and deceptively similar to the Plaintiff
No.1's registered trade mark SPRITE, and (secondly ... mark FUNS UP,
which is confusingly and deceptively similar to the plaintiff No.1's
registered trade mark THUMS UP. Further the defendant
