plaint. Further, Plaintiff has also devised
various other formative marks/ labels from the trademark "LACY", such as,
inter alia, "LACY KATORI (English ... Plaintiff under the mark "LACY" and its formative
marks, details of which have also been mentioned in the plaint.
11.6. Plaintiff
provisions of the Trade Marks Act, 1999 under
the registered trademarks and (word mark as well as
formative marks) since 1972, (details of registration whereof ... such unique mark of the Plaintiff is
"BLUE HEAVEN GsET BOLD" Eyeliner (word mark as well as formative
marks) which was adopted sometime
prior adopter and owner of trademarks " " (word/
formative marks) in several classes - including Classes- 03 and 35, which is
the subject matter trademark ... suit. The Plaintiff is the
registered proprietor of " " (word/ formative marks) in India, details
of which are provided in para
Plaintiffs' mark.
2.4. Plaintiffs have extensively promoted their trade mark MISS INDIA and
formative marks through extensive advertisements in various newspapers and
magazines among ... registrations for the trade mark
"MISS INDIA" and its formative marks in various classes, including Classes
38 and 41. Details of Plaintiffs
sets-out the sales turnover, attributable to Plaintiffs' '24
Formative Marks' in India, in paragraph no. 13 - which is stated ... device, which is identical or deceptively similar to the '24
Formative Marks' as set out in the suit, which would amount to infringement
EFES PILSEN' and any other 'EFES'
formative marks of the Petitioner in respect of any goods or services. A list ... EFES PILSEN' and/or any other
'EFES' formative marks of the Petitioner is annexed herewith as Annexure
Black & White', including their formative marks,
logos, device marks, labels and trade dress. Plaintiff No. 2 [United Spirits
Ltd.] is the Indian distributor ... Black Dog', being the proprietor of its formative marks,
logos, device marks, labels and the trade dress.
3. Plaintiff No. 1 is the proprietor
already ruled
that Defendants' trademark "VIGOURA" and its formative marks have a
high likelihood of causing confusion, particularly in view
influence has spread globally, with an established presence in several
countries. Marking its entry into India in 1992, the Appellant has been
engaged ... registrations for the trademarks "SAP" and "SAP" formative marks
in multiple classes.
3. To add to its bouquet of registrations
suit seeking to secure their rights against the use of an identical mark
by the Defendants for various classes of goods, including textiles.
Plaintiff ... contentions urged by Mr. Ranjan Narula, counsel for
1
Includes formative marks detailed in paragraph no. 2.5 of this order
Signature Not Verified
Digitally Signed
