Indian Kanoon - Search engine for Indian Law

Itc Limited vs Nestle India Limited on 10 November, 2020 Equivalent citations: AIRONLINE 2020 MAD

Defendant cannot claim any statutory right flowing from the earlier registration of the trademark. 27. In order to deal with the allegation of infringement ... ground that the said trademark was deceptively similar to an earlier registered trademark 'ORZID' (label mark), registered in the name of Respondent

grant of registration of the same title by the Registrar of Trademarks in favour of FTL gave an instrument to FTL to interfere with TPHL ... completely destroy the publication business of TPHL; (iv) that the trademark „Financial Times‟ got registered by FTL has a direct reference to the character

registration of the said trademark on two main grounds_ i)that the petitioner's trademark is an earlier trademark and a well known trademark ... long, continuous and extensive use of the said trademark. The petitioner's trademark falls well within the definition of Section

plaintiff‟s trademark GE (monogram). If there is a deceptive resemblance between registered trademark and the impugned trademark, that would be sufficient to constitute infringement ... mark NATURELLE was apt to capture the distinctiveness of the earlier trademark NATREL which was likely to cause confusion. In the case before this Court

find the same to be similar or deceptively similar to the label/trademark of the plaintiff, for the suit to be entertained ... being confused with the goods of the plaintiff. 13. In the trademark earlier adopted by the defendants and with respect to which the first suit

words, any person claiming prior use must establish using of such earlier trademarks prior to the date of application by any intending applicant ... opponent/writ petitioner to prove the prior user of the earlier trademark and also to prove the passing off action. 28. In his order

money as well as efforts/skills on the publicity of their lawful trademark LAVERA & Mac's LAVERA. 36. The plaintiff submits that ... detrimental to the distinctive character or repute of the earlier trademark. 55. Provision of Section 17D of the Drugs and Cosmetics Act, 1940 mandates that

Court. As a result, the Plaintiffs trademark amounts to an earlier trademark as per section Signature Not Verified Digitally Signed CS(COMM) 806/2017 Page ... registered much prior in point of time and are, therefore, "earlier trademarks" within the meaning of Section 11(4) ]. Para 31 pleads that

extract from the notice of opposition is reprodcued hereinbelow:- "9. The Trademark "MANSOON HARVEST FARMS" applied for registration by Signature Not Verified ... mark applied by the applicant is similar to an earlier trademark and is likely to deceive public or cause confusion and also is prevented from