HEALTH AND EDUCATION and/or any other
word(s) identical or deceptively similar to the
Plaintiffs' registered trade mark MAHE (DEEMED
UNIVERSITY) /MANIPAL ACADEMY ... comprising of
MANIPAL or any other mark/name/words identical
or deceptively similar to the Plaintiffs' trade
mark(s)/name MIS/MAHE (DEEMED
UNIVERSITY
mark used by the
defendant is distinguishable but whether it is deceptively
similar one. As I am satisfied that the present name of
"Mysore ... under which the defendant is
carrying out the business is deceptively similar to the
trade style of the plaintiffs' "Mysore Saree Udyog
that needs to be seen is whether the
names are deceptively similar and further whether
they operate in the same field. He would further
contend ... other person using a mark
which is the same or deceptively similar to his
trade mark, he can protect his trade mark by an
action
domestic utensils, water filters
which may be identical with or deceptively similar with
plaintiff's trademark 'preeti'. The plaintiff claims ... trademark on the premise that the same is identical and
deceptively similar. The plaintiff has further contended that
after hearing both the parties, the Trial
marks adopted by the second
respondent in its label were deceptively similar to the
petitioner's registered trademarks, the petitioner
submitted detailed objections ... petitioner that the marks adopted by the second
respondent are deceptively similar to the petitioner's
trademark and this issue cannot be decided under
GOLD" OR ANY OTHER NAME, MARK, LABEL ETC. WHICH
ARE DECEPTIVELY SIMILAR TO PLAINTIFF'S REGISTERED
TRADEMARKS INDUS INCLUDING SELLING, TRADING,
MANUFACTURING, DEALING ... OTHER NAME, MARK,
4
LABEL ETC. WHICH ARE DECEPTIVELY SIMILAR TO
PLAINTIFF'S TRADEMARK INDUS.
(III) GRANTING PERMANENT INJUNCTION RESTRAINING
DEFENDANTS BY THEMSELVES, THEIR
mark MANYAVAR or any
other trade mark which is identical or deceptively
similar with plaintiff's trade mark MANYAVAR
infringing the plaintiff
JAMES or any other trademark,
which is identical with and or deceptively similar with
the plaintiff's trade mark JEMS. The respondent -
plaintiff
defendant of any trade mark
which is identical with or deceptively
similar to the plaintiff's trade mark,
whether registered or unregistered,
shall
building constructions and/or any other identical
and or deceptively similar and confusing trademark pending
disposal of the suit was dismissed by the trial Court
