registered the trademark in trademark No.1501855 in
Class-29, 1501852 in Class-30, 1501854 in Class-29. The plaintiff
have adopted trademark SRI VENKATESHWARA ... plaintiff in respect of SRI
VENKATESHWARA SWEET MEAT STALL is being diluted. The
trademark and copy right adopted by the defendant is phonetically,
visually
registered the trademark in trademark No.1501855 in Class-29,
1501852 in Class-30, 1501854 in Class-29. The plaintiff have
adopted trademark SRI VENKATESHWARA ... trademark within the territorial jurisdiction of this court. It
amounts to infringement of their trademark and copyright. The
defendant is deliberately adopted their trademark
seeking rectification of
jurisdictional trademark registry and said
proceedings are pending for consideration before
Registry. Due to registration of trademark of
defendant ... deceptively similar fashion, it has
lead to dilution of trade mark of plaintiff thereby
affecting registered trademark and also affecting
goodwill and reputation
using offending trademark of TMR for medicinal and
pharmaceutical products or any other deceptively and
confusingly similar trademark. By the said orders, the
application ... rights to file suit if they
apprehended that their registered trademark is being diluted
due to the acts of the plaintiff. No person
1345/2020_Judgment
relating to the trademark while protecting as well known
trademark. It has been repeatedly held that it is not only
a likelihood ... part
of the Registrar to protect a well known trademark from
being diluted on account of use even on dissimilar
goods/services
market since 2015. The plaintiff is the registered
trademark owner for the trademark "NUTRACLEAN SEVEN"
vid registration number 3343870 and 3343871 which ... extensive use of the trademark "NUTRACLEAN SEVEN". The
plaintiff is the registered trademark owner for the trademark
"HARDFIL" vide registration number
knowledge of the plaintiff's well-known
trademark SWIGGY, made an application before the Trademark
Registry for registration of deceptively similar and identical mark ... routine due diligence
to check any third party misuse and instances of dilution for
SWIGGY became aware of defendant No.6 had fraudulently
registered
evidence before the trademark registry and the
proceedings are pending adjudication before the
trademark registry.
(d) Further the online record of trademark registry it
revealed ... before the registry of
trademarks is establishing its misconduct of adopting
deceptively similar mark of the registered trademark
owned by the Diversey. The defendants have
amount to
infringement of same. In this case, plaintiff has produced
registered trademark certificates at Ex. P10 to 17. Plaintiff
has produced CD containing video ... indirectly infringing registered trademarks of
plaintiff or anything visually similar to any of its variants or
using or depicting said trademarks or visually similar mark
trademark
'YORK' with those of the plaintiff bearing the trademark
'Tork'. Defendant further asserts that, he has no office at
Jindal ... with a design identical to that of the plaintiff. He
continuously used trademark 'York' in its present design
label and stylize logo since
