impugned mark PEBBLE,
which is phonetically, structurally and visually identical/deceptively similar
to Plaintiff's trademark/label . It is the case of the Plaintiff ... impugned mark PEBBLE is phonetically, visually, structurally
identical or deceptively similar to the Plaintiff's trademark/label
, which is registered for goods being inter
other mark identical with or deceptively similar to
Plaintiff's trademarks 'DHOLA MAARU'/ ' ' and the
Signature Not Verified
Signed ... alcohol
beverages was about to commercially launch country liquor under
deceptively similar trademarks 'DHOLA THARU'/' '
and , through his
proprietorship firm
Made Foreign Liquor (IMFL) under the impugned mark or
any identical/deceptively similar mark to that of Plaintiff's trademarks
'Officer ... Green Choice") or any other mark, identical/
deceptively similar mark to Plaintiff's trademarks 'Officer's Choice',
'Officer
registered trademark and similarity of the
goods or services; or (b) similarity to the registered trademark and identity
or similarity of the goods or services ... phonetic similarity and not identity. It needs no
reiteration that phonetic identity or similarity is an important index of
similarity or deceptive similarity
other trademark/trade name/label/device/domain name
deceptively similar to Plaintiff's trademarks 'T.I.M.E. - TRIUMPHANT
INSTITUTE OF MANAGEMENT EDUCATION ... dishonest adoption and use by the
Defendant of nearly identical or deceptively similar trademark 'Times' and
trade name 'TIMES COACHING CENTRE
bearing the mark CITIZEN or C-TIZEN and/or
any other deceptively similar trademark, trade name and domain name
which infringes and/or dilutes Plaintiff ... revealed that Defendant was infringing its mark CITIZEN by using
deceptively similar and phonetically identical mark CITIZEN for lathe
machines. Defendant had launched a website
2022 Page 1 of 62
Signing Date:20.08.2023
20:58:54
deceptively similar title/name KHILADI in any format i.e. cinema
hall ... from using
Plaintiff's registered 'KHILADI' trademarks or deceptively similar
marks/title/name of any cinematographic films, motion pictures etc.
on cinema
formative
trademarks. Use of any trademark which is identical or
deceptively similar to the said mark is in violation of the
coveted statutory and common ... restrain and enjoin any
third party from using identical or deceptively similar marks.
Per contra Defendants', on the other hand, have given no
explanation
classes; and Defendants are using trademarks which are identical
with or deceptively similar to the registered trademarks of the Plaintiff
Signature Not VerifiedCS(COMM ... 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
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
