counsel further submitted that the Tribunal
had passed an award that the trademark of “Dinamalar” can be used with ... suffix. However, according to him, this is not permissible under the
Trademark Act. As per the provisions of the Trademark Act, for using the
said
visually, or deceptively
similar to the Plaintiff Registered trademark SPRINKLE or in
any manner infringing the Plaintiff Registered Trade Mark
Nos.592204 ... other food preparation or on any other business
the impugned trademark/name which is in any manner
deceptively or phonetically confusingly similar to the Plaintiff
visually, or deceptively
similar to the Plaintiff Registered trademark SPRINKLE or in
any manner infringing the Plaintiff Registered Trade Mark
Nos.592204 ... other food preparation or on any other business
the impugned trademark/name which is in any manner
deceptively or phonetically confusingly similar to the Plaintiff
visually, or deceptively
similar to the Plaintiff Registered trademark SPRINKLE or in
any manner infringing the Plaintiff Registered Trade Mark
Nos.592204 ... other food preparation or on any other business
the impugned trademark/name which is in any manner
deceptively or phonetically confusingly similar to the Plaintiff
goods which is identical or deceptively similar to the
Applicant’s registered trademark/ Trade Dress/packaging/ colour
scheme/get up/layout of BRITANNIA GOOD ... BUTTER
COOKIES amounting to infringement of Applicant’s registered
trademark/trade dress/packaging/ colour scheme under Registration
manner using the same as or as part of its trademark / trade name /
trading style / business name or in any other manner whatsoever;
b) Granting ... said offending mark as or as part of its trademark / trade name / trading
style / business name and / or in any other manner whatsoever;
c) Directing
Rule 1 CPC , Sections 27 , 28 , 29 , 134 & 135 of the Trademarks
Act, 1999, and Section 7 of the Commercial Courts Act, praying ... through or under them from in any manner from
infringing the registered trademarks of the Plaintiff including “Apollo”
“Apollo Hospitals” “Apollo Diagnostics”and “Apollo Clinic
Rule 1 CPC , Sections 27 , 28 , 29 , 134 & 135 of the
Trademarks Act, 1999, and Section 7 of the Commercial Courts Act,
praying ... through or under them from in any manner from
infringing the registered trademarks of the Plaintiff including “Apollo”
“Apollo Hospitals” “Apollo Diagnostics”and “Apollo Clinic
Rule 1 CPC , Sections 27 , 28 , 29 , 134 & 135 of the Trademarks
Act, 1999, and Section 7 of the Commercial Courts Act, praying ... through or under them from in any manner from
infringing the registered trademarks of the Plaintiff including “Apollo”
“Apollo Hospitals” “Apollo Diagnostics”and “Apollo Clinic
passing off and/or enabling
others to pass off / infringing the registered trademarks of the
Applicant/Plaintiff trademarks APOLLO, APOLLO HOSPITALS,
APOLLO DIAGNOSTICS and APOLLO ... through or under them from in any
manner from infringing the registered trademarks of the
Plaintiff including “Apollo” “Apollo Hospitals”
“Apollo Diagnostics” and “Apollo Clinic
