insignificant and
unnoticeable difference. Whereas, in case of 'deceptively
similar' trademark, though impugned trademark may not
be 'replica' of the registered ... trademark, however the
impugned trademark resembles the registered trademark
in a substantial degree on account of extensive use of
the main and prominent features
application seeking rejection of plaint under
Order VII Rule 11 in Commercial Trademark Civil Suit No.03
of 2025. The order dated ... allowing the
application Exhibits '8' and '9'. In trademark suit where
infringement and passing off has been pleaded
manufacture and marketing of cattle feed and related
products under various trademarks adopting the term
"NARMADA" since 2013, including the mark ... findings returned in the order impugned, it is
evident that the device trademark of the plaintiff is a
registered mark and the registration certificate
three tests for grant of
interim injunction in relation to the Trademark and applying the
primary test on the impugned trademark being identical ... Thus, as per the provisions as aforesaid,
to see whether a trademark is infringed or not,
there are different tests.
Primary Test:-
Whether the impugned
interim
injunction against the respondents, namely the defendants, in the
Commercial Trademark Civil Suit No. 7 of 2025. The interim relief
sought by the appellant ... selling any tickets, passes,
merchandise or access to events using the impugned trademarks
"Safedishq", "SafedParindey", "SafedPoshak", or any deceptively
Piruz Khambatta vs Deputy Registrar Of Trademarks on 22 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/10/2024 ORDER DATED ... PATENT APPEAL NO. 10 of 2024
=============================================
PIRUZ KHAMBATTA
Versus
DEPUTY REGISTRAR OF TRADEMARKS & ANR.
=============================================
Appearance:
MR MANAN DOSHI for MR JATIN Y TRIVEDI
District &
Sessions Court, Bhavnagar, which came to be
numbered as Commercial Trademark Suit No. 1 of
2023.
7. Pursuant to the suit filed ... against the respondent before the Delhi
High Court for permanent injunction restraining
trademark infringement of its JOLLY RANCHER
Page 6 of 21
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suit has been filed with regard to infringement of plaintiff's
trademark. Though the plaintiff has prayed relief in the nature of
injunction against ... against whom relief of infringement of the
plaintiff's trademark had been prayed for. It is also noted by the trial
court that
manufacture and
marketing of cattle feed and related products under various
trademarks adopting the term "NARMADA" since 2013,
including the mark ... used is also materially different from that of the
Plaintiff's trademark. The appellant argued that its mark is
not deceptively similar
Order VI,
Rule 17 of the Code of Civil Procedure in Commercial Trademark
Civil Suit No.22 of 2023.
2. The plaintiff has filed application ... internet mode, under the identical-deceptively similar
as well as phonetically similar trademark RUS and thereby the
Defendant may be restrained permanently from infringing
