marks used by
respondent no.1, dealing in allied goods, is deceptively similar to its
marks. The appellant relies on the decision of the Supreme ... laid down the following
test for deciding the question of deceptive similarity:-
"35. Broadly stated in an action for passing-off on the basis
Indian Student Identity Card" or any other trademark, which is
deceptively similar to the plaintiffs' trademarks. The plaintiffs have also
sought an order ... there is
any likelihood of confusion or deception. The test of such deception or
confusion is similar to that applied in the case for passing
from using certain trademarks
[impugned marks] and other marks that are deceptively similar to the
appellant's trademarks.
2. In terms of the impugned ... respondents from using the impugned marks, which the
appellant alleges be deceptively similar to its registered trademarks and
more particularly its registered word mark UNDER
label/artistic feature which
is or which may be identical or deceptively similar to Plasto's
trademark / label / colour scheme being .
5. The learned ... also identical or similar. It is presumed that if the identical or
similar mark is used on identical or similar goods, the same is likely
claiming that the trademark / label 'SWEET ROSE
LOLLIPOP' is deceptively similar to its trademark / label 'MADHUR
ROSE POP LOLLIPOPS ... mark / label 'SWEET ROSE LOLLIPOP'
or any other identical / deceptively similar
trademark to the Respondent no.1's trademark
'MADHUR ROSE
extracted in para 2 (supra) or any other label which
is deceptively similar to the device mark registered in the plaintiffs
favour vide Registration ... 2024 Page 4 of 18
23:52:42
continues to be deceptively similar to that of the plaintiff's product
only regarding the colour
product using the Logo Mark or any other mark which
is deceptively similar to the plaintiff's Logo Mark.
3. The learned Single Judge ... held that the Logo Mark of
Berkshire being is deceptively similar to BHPC's
Logo Mark being .
Brief facts
4. BHPC claims that
portfolio marks. The appellant also claimed that the
impugned trademark was deceptively similar to the CLARI formative
trademarks used by the appellant/ its predecessor, thus ... CLARI formative marks of the appellant including CLARI-FI were
not deceptively similar to the impugned trademark. However, in the
alternate, he also submitted that
products
under the label/trademark 'SIGNAL 1191', which is deceptively similar
to his registered trademarks. The appellant claims that the respondent
has dishonestly ... with mala fide intention adopted trademarks, which
are deceptively similar to his trademarks. He further claims that the
respondent has also copied the artwork, colour
name "M.G. Cables (India)", which is nearly
identical/deceptively similar to its registered trademarks, that ... their goods under Class 12
by using the trademarks that were deceptively similar to his registered
trademarks.
THE IMPUGNED ORDER:
23. On 02.09.2019, the learned
