orange; (h) all the marks of the plaintiff are
label marks; (i) trade mark registration of a label mark only grants rights
CS(COMM ... fact that its
registration is of a label mark / device mark and not of a word
mark MAX / MAX HOSPITAL. (ii) The plaintiff
Healthcare Services. had never noticed the
device of a single/double cross appearing on the
label/device marks of the plaintiff or even the words ... prominent device. The nature of business/services also
are of several kind. A label/device mark in relation to some
businesses, as of textile
Healthcare Services, had never noticed the
device of a single/double cross appearing on the label/device
marks of the plaintiff or even the
words ... attention to the device or
the label mark and read generally the first word of the label mark
by which the hospital/healthcare services come
Healthcare Services, had never noticed the
device of a single/double cross appearing on the label/device marks
of the plaintiff or even the words ... attention to the device or the label mark and read generally the
first word of the label mark by which the hospital/healthcare
services come
similarity and resemblance between the
said mark/device/logo being used by defendant and the registered
trademarks/devices/labels of plaintiff as the defendant ... bare perusal of the impugned
mark/device/logo and its image being used by defendant and the
marks/devices/labels/logos got registered and being
word/mark 'Ultra' as part of
their trade marks;
(d) The Plaintiffs' registered trade marks are device/label marks,
registration of which ... Aditya Birla Logo/Label, but that does not detract
from the fact that all registrations were as device/label marks in
combination and cannot entitle
mark shows the dissimilarity in the rival
marks. The Plaintiff's mark is a composite label comprising of the
words AstroDunia alongwith the device ... device mark which has
been registered. There is one annual letter of 7 th January, 2016 in
which the registered device mark is used
exclusive use of Device of a Man and descriptive matters appearing in the said label. The label/device mark of the appellant/defendant is SREE ... retail market and if the respondent/plaintiff label mark and the appellant/defendant label mark are placed side by side and examined as a whole
over sunrays being
used as a label mark and they have also decided to modify the label
mark. The defendants have also undertaken ... defendant proves that the
name/mark UDHAYAM has become publici juris?
6. Whether the mark / label/device/logo/artistic
work of sunrays of the plaintiff
trade mark "Plantinum" registered vide
registration No.756366 dated 26.05.1997 and from
infringing plaintiff's trade name / mark / label/ device
"McDowell ... since
1997 coupled with registration of the word /mark
'Platinum' and its device/label 'McDowell No.1
Platinum' plaintiff has become
