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
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
trademark and/or the mark/device/logo/artistic
work either per-se or in combination and/or any other
mark/device either in English ... combination
and/or any other mark and/or any other
mark/label/device/logo/artistic work, which is
deceptively similar to the Plaintiffs'
mark
further averred
that plaintiff is the first to adopt these footprint labels/device marks,
copyrights and commercially manufacture and sell footwear. The
footprint labels/device ... mark,
packaging, carton, copyright in artistic work deceptively similar to
plaintiff's prior used, registered and well-known foot print device
marks, labels, copyright
Trade
Marks Registry clearly reflected that the marks registered in favour of the
plaintiff were not word marks but device/label marks.
12. Learned senior ... Learned counsel for the plaintiff stated that plaintiff‟s registered
label/device mark vide application TM No. 2943137 only contained the
word ZEN. He stated
Authority.
(iv) It is further stated that the plaintiffs have a label/device mark
registered for „CENTRAL PARK‟ and thus, it cannot claim right ... composite mark
comprising petals of lotus and logo of generic word „CENTRAL PARK‟ in
a stylized manner. The device mark registration does not entitle
Schedule hereunder by using the offending Trade Mark ARUN or any other
mark, label or device which is identical or deceptively similar ... Schedule hereunder by
using the offending Trade Mark ARUN or any other mark, label
or device which is identical or deceptively similar
device and/or the label/trade dress as contained in Plaint
Document No.3 or any label/mark/device trade dress which is identical with ... device and/or
the label/trade dress as contained in Plaint Document No.3 or any
label/mark/device/trade dress which is identical with
offending trademark
'AROKIYA SWEETS' or any other Trade Mark Label or device which
is similar or deceptively similar to that of the plaintiff ... offending trademark
'AROKIYA SWEETS' or any other Trade Mark Label or device which
is similar or deceptively similar to that of the plaintiff
registered Trade Mark
“MURUGAN” by using the offending Trade Mark 'MURUGAN' or any
other Trade Mark or device which is identical or deceptively ... trade mark 'MURUGAN' as and for the trade mark
of the plaintiff 'MURUGAN' or any other Trade Mark Label/device
which
