from dealing in artificial jewellery or in any other product
bearing the trademark /trade name ROLEX or any deceptive
variation thereof is for consideration ... plaintiff, that the plaintiff has since then been using the
trademark ROLEX in respect of its distinguished products and
business and has been trading under
list of deceptively / conceptually similar names as
given in McCarthy on Trademark (Vol. III), Section
23 :29;
( F) Cadila Health Care Ltd. Vs. Cadila Pharmaceuticals ... Court
is enough to give the Court jurisdiction;
(H) Registrar of Trademark Vs. Ashok Chandra AIR
1955 SC 558 to contend that despite disclaimer
2014 Page 1 of 35
suit, from using the trademark ―ALL-AROUND PROTECTION‖ /
―ALLROUNDER‖ or any other mark deceptively similar to the respondent /
plaintiff ... trademark ―ALLROUND‖.
2. The learned Single Judge having made the order of interim
injunction aforesaid operational after four weeks from pronouncing thereof,
we have with
deceptively similar to the word /
mark „DARZI‟ amounting to infringement of plaintiffs‟ trademark and
passing off its services as those of the plaintiffs ... that the plaintiffs honestly and bona fidely conceived and
adopted the trademark / label and trade name "THE DARZI" in
respect of providing
copying the
concept and the manner of representation of the plaintiff‟s trademark of
device of double-edged swords placed across the expression „WILKINSON
SWORD ... DHAAR"; (v) that the plaintiff‟s search
through records of the trademark registry also revealed that the defendant
No.2 has filed applications
advertising, promoting, displaying or in any other manner whatsoever using
the offending trademarks KELBY and/or KELBY Club Soda (label) and/or
KELBY bottled water ... other mark which is deceptively or confusingly similar to the registered
trademarks KINLEY Club Soda (label), KINLEY (label), KINLEY (word)
and DANUBE Bottle shape
which is an
infringement of the Plaintiff's well-known trademark and also amounts to
an act of passing off by the defendants ... advertising
including on the internet and in any other manner using the trademark
"YAHOO!" or any other deceptively similar trademark amounting to
infringement
advertising, promoting, displaying or in any other manner whatsoever using
the offending trademarks KELBY and/or KELBY Club Soda (label) and/or
KELBY bottled water ... other mark which is deceptively or confusingly similar to the registered
trademarks KINLEY Club Soda (label), KINLEY (label), KINLEY (word)
and DANUBE Bottle shape
2008 Page No.4 of 17
application for getting transferred the registered trademark in the
office of the Registrar is pending, that does not debar ... party
from protecting the violation of the trademark at the hands of
unscrupulous persons by filing an action in court of law for
injunction
Page 1 of 13
Limited is the registered owner of the trademark FORD relating to
various automobile components falling in class 7, enamels in nature ... long association in this country and the
trademark FORD is a well recognized trademark, the reputation and
goodwill whereof travels across territories
