2023/DHC/000083
using the " " mark (hereafter 'the impugned trademark') or
any other marks deceptively similar to the registered trademarks ... rishna (E)lectrical (I)ndustries.
4. The respondent claims that the trademark/trade name "KEI" has
been in use continuously since the year
toilet cleaner sold by the respondent
(hereafter 'Reckitt') under its trademark 'Harpic'.
2. HUL claims that the impugned advertisement ... involved in the manufacturing of a
well-known toilet cleaner under the trademark 'Harpic' in India, since
the year 2001. Reckitt claims that
cakes,
confectionaries juices and beverages. The appellant is the owner of
several trademarks such as "Butter Bite", "Italiano", "Classic Crème ... filed a suit in respect of its product sold under
the trademark "BUTTER DELITE". The appellant claimed that its
product is highly successful
CONTENTIONS ADVANCED ON BEHALF OF DRS 24-25
ANALYSIS:
VIII. USE OF TRADEMARKS AS KEYWORDS,
WHETHER USE 26-46
IX. META-TAGS & KEYWORDS ... TRADEMARKS AS KEYWORDS, WHETHER
'USE' BY GOOGLE 52-65
XI. USE OF TRADEMARK AS KEYWORDS ABSENT ANY
CONFUSION, UNFAIR ADVANTAGE , DILUTION OR
COMPROMISE
indirectly dealing in goods bearing impugned
mark amounting to infringement of registered trademark of the
Respondent no.1 under no. 3470833 in Class ... throughout the country
through its dealers / distributors. It is claimed that the trademark
'MADHUR' was adopted by the predecessors of the respondents
cakes,
confectionaries juices and beverages. The appellant is the owner of
several trademarks such as "Butter Bite", "Italiano", "Classic Crème ... filed a suit in respect of its product sold under
the trademark "BUTTER DELITE". The appellant claimed that its
product is highly successful
filed the aforementioned suit for permanent injunction
restraining infringement of its trademarks, passing off, dilution of
goodwill, unfair competition and rendition of accounts of
profits ... using the same in any manner whatsoever amounting to infringement
of its trademarks.
4. MIPL also seeks a decree of mandatory injunction against the
appellants
filed the aforementioned suit for permanent injunction
restraining infringement of its trademarks, passing off, dilution of
goodwill, unfair competition and rendition of accounts of
profits ... using the same in any manner whatsoever amounting to infringement
of its trademarks.
4. MIPL also seeks a decree of mandatory injunction against the
appellants
rejected.
Brief facts
2. The appellant applied for registration of the trademark 'VEGA
ASIA' on 08.02.2002 on a 'proposed to be used ... favour on 31.03.2005.
3. The respondent applied for registration of the trademark
'VEGAH TABLETS' on 24.04.2002, claiming user since
01.04.2002. The mark
products were thereafter
launched in the year 2007 under the said Trademark. BHPC entered into
various retail agreements for distribution and sale of the products ... submitted that the mark is invented and an inherently
distinctive trademark having a dominant feature, that is, the image of
"charging polo pony
