registered proprietor of the word mark and
label mark BIG BROTHER. Printouts from the official website of
the Trade Marks Registry of the online status ... rival marks / name /
device of eye are reproduced herein below:
Laxmi 16/22
IAL 28817-21.doc
PLAINTIFFS' MARKS DEFENDANTS' MARK
BIGG BOSS
Plaintiff has applied for and secured registration of several RPG /
RPG formative marks in various classes under the Trade Marks Act, 1999 . Documents
pertaining ... CARE, etc. The Plaintiff has an entire family of RPG based
formative marks and owing to this fact whenever the trade mark RPG is used
action for infringement of trade mark and passing off
under the Trade Marks Act, 1999 [for short, " Trade Marks Act "]
2. The case ... marks by the BIRLA group of
companies in respect of its products; (b) the registrations of "BIRLA"
mark and its formative marks secured
registered proprietor of the word mark and label mark BIG
BROTHER. Printouts from the offcial website of the Trade Marks
Registry of the online status ... leading, essential and prominent
features of all Bigg Boss formative marks and has come to be
exclusively associated / identifed with Plaintiff
class
of goods under the trade mark 'YOGI' with formative marks.
3. The 1st Defendant is a partnership firm. Defendants ... mark, to hair
wash, also in Class 3, registered as a device mark. There are
registrations of the word YOGI itself and of various formative
textiles and
diversified the same under BIRLA and BIRLA formative trade
marks. According to the Plaintiffs, in the wake of the internal
business arrangement, only ... marks by the BIRLA group of companies in respect of its products;
(b) the registrations of "BIRLA" mark and its Formative marks
secured
manner using the mark ROCKWOOL
and/or any mark identical with or deceptively similar to the
Plaintiffs' trade mark ROCKWOOL in any manner
whatsoever ... Plaintiffs'
trade mark/delete all references to the Plaintiffs' trade
mark/name ROCKWOOL/ROCKWOOL formative marks
and/or any deceptive variation/s thereof
transversely placed.
2. There was scratch mark with formation of scab over nose on left side just near to the angle of left ... over anterior surface 1 cm. x 1 cm.
6. Linear scratch mark with formation of scab over right supra clavical region over neck obliquely
deceptively similar to the Plaintiffs
registered trademarks MISS INDIA, MISS INDIA
formative marks, MR. INDIA and/or MR. INDIA
formative trademarks as delineated in Exhibits ... deceptively similar to the Plaintiffs
registered trademarks MISS INDIA, MISS INDIA
formative marks, MR. INDIA and/or MR. INDIA
formative trademarks as delineated in Exhibits
conducted of the trade mark registry
before seeking registration of its mark. The Defendant has designed its
mark in a manner so as to convey ... word mark, prima facie the
device mark of the Plaintiff containing the word "SUPREME" is the mark
of which the infringement is claimed
