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
device
mark , claimed that the impugned marks are
deceptively similar to the said mark and other formative marks of the
parent device mark STUDIOMASTER ... following formative marks.
viii. The plaintiff claims to have used the device mark
between 1990 and 2003. Insofar as the formative
marks are concerned
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
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
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
mark application for the mark
in class 35 which is pending before the
Registrar of Trade Marks. It is stated that in the trade mark ... overall similarities between the rival
marks as follows:
Plaintiffs' Mark(s) Defendants' Mark(s)
Word Marks: Word Mark:
Signature Not Verified
Digitally Signed
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
claim to be the adopter of the
"Pe" formative mark.
(h) The plaintiff was bound by the contentions
contained in the replies ... Signed
By:SUNIL SINGH NEGI
Signing Date:23.04.2021
09:16:46
formative mark. This, again, belied the plaintiff's
submission that
examination report of the Trade Mark Registry to the
application of the plaintiff for registration of the mark, took a
stand that the business ... business of real estate development and construction, using the
KW formative marks registered in favour of the plaintiff, as part
of their device/logo mark
benefitting from the
Plaintiff's goodwill in its BEARDO formative marks and the
appropriation of which being without due cause, takes unfair
advantage ... character
and reputation of Plaintiff's registered trade mark BEARDO
formative marks. This is also likely to lead to dilution of the
Plaintiff
