assignee of the trademark
SUNSTAR. The trademark SUNSTAR is duly registered at number
1061264 with the trademark registry in the name of M/s. Unique ... 2007 Page 1 of 23
01.04.2005 transferred all rights in the earlier said trademark in favour of
the Respondent. The first Petitioner (M/s. Raymond
plaintiff has filed the suit for permanent injunction
restraining infringement of trademark, copyright, passing off, delivery
up, rendition of accounts of profit, damages, etc. against ... registered proprietor of the trademark
BETADINE in India in relation to pharmaceutical preparations. The
trademark BETADINE was earlier registered in favour of Mundipharma
AG under
other cereals under the trademark SONA or any other trademark which is
deceptively similar with the plaintiff's trademark. The said interim order ... using the trademark SULSON SONA in
respect of rice. The plaintiff is using the trademark SONA
and the two trademarks of the parties
trademark SVS is a matter of evidence. Moreover, in the trademark SVS and in the Certificate of Registration of trademark SVS, the name ... arise for consideration in the earlier proceedings and it is futile to refer to the earlier proceedings and contend that the stand of the plaintiff
that the plaintiff‟s trademark is a well known trademark within
the meaning of Section 2(1)(zg) of the Trademarks Act;
(ix) that ... reason of the
same being deceptively similar to the earlier registered
trademark „ORZID‟, both in relation to pharmaceutical
products;
CS(OS) No.2335/2010 Page
Gold Flake'' trademark, which is deceptively similar to the
trademark that was used by the respondent/Company earlier but
prohibited by of Court ... rectification application seeking removal of the registered trademark
under section 57 read with 47 of the Trademarks Act, 1999 , are allowed
and therefore, the respondent
dissection and stated that the Courts while dealing with
the case of trademark infringement, involving composite marks must
consider the same in their entirety ... ground that it was deceptively similar to an earlier
registered trademark 'ORZID' (label mark), also registered in class
05, in favour
registered trademark and that
the use of a registered trademark can never amount to infringement
even if it is identical to an earlier existing trademark
that, the term THREE IN ONE was advertised in the Trademark Journal through its Trademark Application wherein the said term THREE IN ONE was ordered ... Opposition unerringly point out that the representation in earlier case was restricted to the registered trademark and that the same could not be applied
suit is one seeking permanent injunction restraining the
Defendant from infringement of trademark, passing off, unfair competition,
rendition of accounts of profits/damages, delivery ... suit would be maintainable in
as much as for this very trademark, an earlier suit being CS (Comm.) No.
300 of 2019 titled Sun Pharma
