unwary customer. The defendant is, therefore, it is claimed, guilty
both of infringement as well as of passing off its products as those ... defendant, in its written statement, has disputed the claim
of infringement and passing off, by the defendant, as set up by the
plaintiff. The defendant
which this
judgment disposes of, seeks interim injunction against the
infringement of the suit patents by the defendants.
4. For ease of reference, discussion ... manufacture of CTPR, by such allegedly novel process would
result in infringement of IN'307, which, as already noted
hereinbefore, specifically claims CTPR
2021, whereby the plaintiffs have
sought an interlocutory injunction against the perceived infringement,
by the defendant, Natco Pharma Ltd, of the plaintiffs' suit patent ... Section 64 of the
3
107. Defences, etc., in suit for infringement. -
(1) In any suit for infringement of a patent, every ground on which
respect of payment services or in any other manner amounting to
infringement of the plaintiff's trademark, or of passing off, by the
defendants ... 20th September, 2018, Defendant
No. 1, even while traversing the allegations of infringement and
passing off, stated that it had decided to adopt the trademark
Industries Ltd, the plaintiff, alleges infringement, by the
defendants, of its registered trademark "KEI", of which it has
registration both as a word ... order to obtain registration, are not
relevant while examining the aspect of infringement.
22. Responding to Mr. Lall's submissions, Mr. D.K. Yadav
appropriate, in brief, to reconnoitre the legal position, insofar as
actions for infringement and passing off are concerned.
9. This Court has had occasion ... India.
10. The first aspect to be examined, in any action for infringement
or passing off is, therefore, the aspect of deceptive similarity.
Infringement
operates the interactive websites
www.underarmour.com and www.ua.com.
4. Infringement
4.1 The plaintiff uses it's UNDER ARMOUR/UA/UNDR ARMR ... Marks
4.2 The defendant's argument, on the aspect of infringement, as
advanced by Mr. Chander M. Lall, learned Senior Counsel, did not
really
October, 2020 supra.
B. Facts
6. CS(COMM) 295/2020 alleges infringement, by the defendants,
of certain Standard Essential Patents (SEPs), held by the plaintiff ... Usage of such technology, without due
authorisation, asserts the plaintiffs, amounts to infringement. The
plaintiffs acknowledge that, given the peculiar incidents of SEP
infringement
design vis-
à-vis prior art is different from the scope of ―infringement analysis‖ of
the suit design vis-à-vis the defendant ... point of view of the ―instructed
eye‖ whereas the aspect of infringement would involve the ―ordinary
purchaser‖. Apart, therefore, from the general issue of whether
such use
of the technology contained in the SEP would amount to
infringement within the meaning of Section 108 of the Patents
Act, 1970. Such ... technology contained in the suit SEPs, asserts the
application, tantamounts to infringement.
15. Adverting to the manner in which the amount claimed in the
present
