infringing of the plaintiff's registered work mark 'KEI' word mark
and device mark, within the meaning of Section ... impugned mark, of the plaintiff's
registered word. 'KEI' mark and device mark.
43. The defendants, admittedly, coined the impugned mark only
device mark, " "
("impugned mark"), without the accompanying word mark
"CROCODILE".
7. According to plaintiffs, the impugned mark is deceptively ... Defendants sell goods bearing a device deceptively and
confusingly similar to the Plaintiffs "crocodile device", which
device is also at variance with
valid word mark registration for the
mark QUANTUM. Certificate No. 2191381, dated 3 June 2019,
whereby the word mark QUANTUM was registered in favour ... Trade Marks Registry granted, to the appellant, a word mark
registration for the mark QUANTUM against an application for the
device mark . This registration
multiple device marks containing the prominent feature
"DINDAYAL" in its registered composite marks ,
, primarily in Class 5. These registrations include device
labels where ... Learned Counsel specifically identified the defendants'
mark/device/label in dispute, including the impugned device mark
"Dindayal Ayurved Bhawan" which prominently reproduces
possesses a registration, under the Trade Marks
Act , for the device mark , registered on 6 May 2021 w.e.f. 7
November 2020 in Class ... association between the
marks in the minds of the public, the defendant's mark is said to
infringe the mark of the plaintiff
mark, as the respondent had admittedly
adopted the mark only after April 1998. It was pointed out that the
trade mark applications of the respondent ... registered trade mark is not infringed where--
*****
(e) the use of a registered trade mark, being one of two or more trade marks registered under
four
dance studios, in Delhi, under the mark ZENITH. The defendant now
uses the marks and . These marks not only replicate
Signature Not Verified
Signed ... prominent feature of the invalidated device mark in its
and marks, the defendant has exposed its later device
marks/logos to vulnerability on the ground
12th July 2018, claiming user
since 1973 and (ii) the device mark (hereinafter "the two feet
logo") on 11th January ... filed in IA 115/2023:
Plaintiff's Registrations:
S.No. Mark/Device Status
1. BAREFOOT COLLEGE Registered
(Word)-Class 45 (Application No.3885535
other products
bearing the infringing device/logo mark -
[hereinafter "Infringing Device Mark"], which
violates Plaintiffs' statutory and common law rights in their ... registered logo/device marks in several classes being -
RFA(OS)(COMM) 11/2025
Signature Not Verified Page 27 of 127
Digitally Signed By:AJIT
KUMAR
impugned mark and the use of the
word ―JINDAL‖ therein. The impugned marks, submits Mr. Rao,
infringe the device marks of the plaintiff, as asserted ... defendant's mark infringes the said
―JINDAL‖, ―JINDAL COR‖ and ―JINDAL ACL
PROTECTION‖ word marks, or the and device
marks.
60. Infringement
