material facts, as they are registered owners of the "SHELL" wordmark. The defendant
contends that the plaintiffs had initially based their (the defendant ... SHELL" brand generally and more
importantly, to the wordmark "SHELL" used along with device, in respect of petroleum
I.A. Nos. 5832
independent goodwill and reputation of their Marlboro
brand cigarettes comprising of the wordmark "Marlboro" and the device of the roof logo,
which
light of all these facts, the plaintiff seeks injunction, submitting that the wordmark
"CHRONICLE" in relation to tutorials, as well as allied services
plaintiff.
20. The need to establish some goodwill is important, if the wordmark is a common or
dictionary word. This was underlined by this Court
several
countries around the world. A list of trademark registrations for the wordmark and the device has
been annexed to the affidavit. The deponent mentioned
evidence. The
materials on record suggest that the plaintiff was using the wordmark HOMELITE, from 1997 -
this is prima facie borne out by the copies
date of
adoption.
3. The Petitioner applied for registration of the wordmark DOLLOR
under No. 249986 in class 25 on 18th June 1968. It applied
using~..t_he :_:hape,i'-:i.e:a;ig1i, labei, color,
wordmark etc and is seiiing undeitjtheijname and style
of "Original Choie
been filed.
The plaintiffs claim to be the registered owner of the wordmark
"Nathmulls" under class 30. The copy of the registration certificate
