mark "AMUL" or any other
mark deceptively similar thereto as that of the plaintiffs. The trade mark of
the plaintiff ... well known trade mark "AMUL" including an identical and deceptively
similar font/writing style only to take undue advantage of the immense
reputation
CARLTRON" or any other mark which
is either identical or deceptively similar to the respondent's trademark
"CARLTRON", and/or passing ... CARLTRON" or any
other mark which is either identical or deceptively similar to the
respondent's trademark "CARLTRON" and also from
mark 'Rainolex - Bharat Shakti' is
identical which are deceptively similar to the plaintiff's mark 'Bharat Shaki' and
is being ... Supreme Court has laid
down the following decisive tests for checking deceptive similarity :-
"35. Broadly stated, in an action for passing
trade dress adopted by the respondent is a
substantial reproduction and deceptively similar to the packaging and trade
dress of the product 'SURF EXCEL ... splat logo appearing behind the impugned mark. Further
particulars of the deceptively similar packaging which has been adopted by the
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respondent morefully appear from
sell
their goods bears no originality nor creativity and is deceptively similar to that of
the plaintiff.
In S. Syed Mohideen vs. P. Sulochana ... same is also unregistered. There is not only a deceptive similarity in the use of
the impugned mark and product by the defendant but every
other bottles which is identical or deceptively similar to
or obvious or fraudulent imitation of plaintiff's registered design no. 233798
or in bottles ... other trade mark or trading name which is identical or
deceptively similar to the plaintiff's trade mark or trading name DeVANS
Modern Breweries
learn that the respondent has applied for
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registration of a deceptively similar trade mark 'AIRTOOFAN' in respect of goods
falling within class ... impugned trade mark but the same is also deceptively and
confusingly similar with the petitioner's registered trade mark 'TOOFAN'.
In view
selling similar
products as that of the petitioner under a deceptively similar and/or identical
mark 'ONAYAS' from its showroom at 7, Commercial
this Court. Upon causing
enquiries, the petitioner came to learn of a similar product which is being sold
and marketed by the respondent under ... Neemule' are structurally, phonetically and visually
identical and/or deceptively similar to the petitioner's registered product 'Nimyle'.
The petitioner alleges
also identical and as such the likelihood of
confusion and/or deception is overt and irrefutable. Thus, the impugned
registration is not bona fide, without ... registered in respect of same
or similar goods, identical with or deceptively similar to the impugned mark
before grant of the impugned registration. Under
