that registration of latter trademark is bad where the
proprietor of earlier trademark has acquiesced for continuous five
years of registered trademark. This proceeding ... defendant of the same trademark in relation to Jewellery if the
defendant has used the trademark ROLEX in relation to Jewellery
since prior
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
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
2607/2008 Page 22 of 30
infringement of a registered trademark, I otherwise find the mark of
the defendant to be satisfying the test ... earlier trademark and similarity of goods or
services covered by the trademark coupled with likelihood of
confusion including likelihood of association with earlier trademark.
Section
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
knowledge of English language or of the
language in which the trademark is written and to whom different words
with slight difference in spellings ... reason of the same being deceptively similar
to the earlier registered trademark "ORZID", both in relation to
pharmaceutical products.
13. I would also
knowledge of English language or of the
language in which the trademark is written and to whom different words
with slight difference in spellings ... reason of the same being deceptively similar
to the earlier registered trademark "ORZID", both in relation to
pharmaceutical products.
13. I would also
importance of following
the statutory procedure step by step and held an earlier step to be a
precondition for the next step and it being ... after
the earlier step has been taken. The Trade Marks Act is an Act for the
benefit of the proprietors of trademarks (refer Thukral Mechanical
defendants for registration of
the trademark ―ALL-ROUNDER‖ on the ground of the
respondent / plaintiff's registered trademark ―ALLROUND‖;
FAO (OS) No.241/2014 ... thus the appellants / defendants then only, if not earlier, knew
of the registered trademark of the respondent / plaintiff;
(f) that the appellants / defendants vide their
other trademarks also, is not using any other trademark except "Duke"
and thus the sale figures and publicity expenses cited are of trademark ... that Girish Hosiery at least since 1992 if not earlier
was aware of the trademark of Duke Fashions.
(v) Girish Hosiery is thus found
