submits that the respondents have given no explanation for
adopting a deceptively-similar mark for identical goods as that of the
appellant.
5. The learned ... favour and against the respondents,
as the respondents have adopted the deceptively-similar mark just prior to
the filing of the suit.
6. He submits
domain name
www.dhanifinance.com or any identical or deceptively similar trade
mark/name/logo or domain name either as a trade mark, trading style ... confusing
similarity in domain names may be a ground for complaint and similarity
is to be decided on the possibility of deception amongst potential
customers
disputed label at annexure-D)
which is also identical and/or deceptively similar to that
of the plaintiffs' suit labels. Therefore, the plaintiffs have ... 2022 CAV JUDGMENT DATED: 22/12/2022
identical and/or deceptively similar label in the business
of identical goods i.e. tea after executing
bearing the tradename 'Newton Box' and/or any mark
deceptively similar to the Plaintiff's registered trademark 'Einstein ... test of similarity
even in ideas, i.e. semantic similarity of two trademarks in deciding the
question of their deceptive similarity.
22. In Shree Nath
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 ... visual similarity in the competing
marks but the two are also similar in idea i.e. semantic similarity.
The concept of semantic similarity was brought
clear case of infringement as the impugned marks are deceptively similar to
Plaintiff's registered marks, an incontrovertible and admitted fact, duly
acknowledged ... successfully
opposed the injunction application, it did not dispute the deceptive similarity
between the competing marks; it succeeded by proving prior use than that
CHAMP or any other trade mark/logo/label as may be deceptively
similar to the trade marks of the plaintiffs that is SEAGRAM ... selling
whiskey bearing the trade mark ROYAL CHAMP and under a
deceptively-similar label to that of the plaintiff's ROYAL STAG label
name
SHOLAY or any other name which is identical with or
deceptively similar to the Plaintiffs trademark
SHOLAY as an essential or dominant feature thereof ... other
mark which is deceptively similar to the Plaintiffs
registered trademark SHOLAY or doing any other
thing amounting to infringement of the Plaintiff
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
trade mark or any other
mark/name which is identical or deceptively similar to the plaintiff‟s
mark or for „apparatus for lighting, heating, steam ... being the registered proprietor of the mark , the adoption of a
deceptively similar mark by the defendants for the same and allied goods
is liable
