Marks. The Impugned Marks are incapable of
distinguishing as they are similar to the Appellant's Mark
'HAVELI'.
e. The Impugned Marks ... upon the dissimilarities between the Device Mark
' ' and the other prior registered Marks containing the
Mark 'HAVELI'.
53. Accordingly, the Appellant
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
opposition before the Trade Marks Registry, amongst other marks.
16. Further, the plaintiff is the registered proprietor of several marks in its
favour ... formative variants.
21. This Court also takes into account that the plaintiff has been
continuously and bonafidely using its ORSL and other formative marks
trade mark "WOW BURGER" or any other trade mark(s)
which are identical / deceptively similar to the Plaintiff's trade mark ... trade marks ("Plaintiff's Trade Marks").
.....
7. That the Plaintiff has created a revolution in the food market, with its
house mark
petitioner
in respect of 'VKC' mark and its formative marks remain valid and
subsisting.
8.4. The petitioner's products bearing the said ... petitioner bearing the 'VKC' mark and
its formative marks have been extensively advertised and promoted through
print media, mailers, newsletters, trade shows, seminars
entirely based on the trade mark
registrations in its favour for the mark 'INDI' and other INDI-formative marks
in Class ... continuous user of the mark 'INDI' and
other INDI-formative marks. In paragraph no.18, the plaintiff has given the
sales figures
appellant asserts that it has used 'ARMOUR' and various
formative marks such as GAMEDAY ARMOUR, BABY ARMOUR,
OFFSHORE ARMOUR, SUN ARMOUR, ARMOUR GRABTACK ... appellant's trademark 'UNDER
ARMOUR' and other formative marks. On 03.02.2023, the respondents
filed their counter statement claiming that the impugned mark
several years, the Plaintiff has
extensively used and registered various
trademarks/formative marks, thereby establishing
immense goodwill over and around the trademark
"RAINBOW ... other rainbow formative marks, in
the healthcare sector in India. Over the past several
years, the Plaintiff has registered the trademark
"RAINBOW", RAINBOW
several years, the Plaintiff has
extensively used and registered various
trademarks/formative marks, thereby establishing
immense goodwill over and around the trademark
"RAINBOW ... other rainbow formative marks, in
the healthcare sector in India. Over the past several
years, the Plaintiff has registered the trademark
"RAINBOW", RAINBOW
Glucose-C and/or Glucospoon-D and or its formative
marks/variants and its associated trade dress which is
deceptively similar to Plaintiff ... Glucose-C
and/or Glucospoon-D and or its formative marks/variants
and its associated trade dress which is deceptively
similar to Plaintiff
