said
trademark was made by the plaintiff as per the provision
contained in Section 154 of the Trademarks Act, 1999
(hereinafter referred ... punishable act under
Sections 103 and 104 of the Act for application and selling of goods
bearing false trademark and trade description
trademark Comfort in Class 42. The said trademark
is registered prior to the adoption and user of the defendants'
trademark. On the date ... trademark.
In other words, if the registered trademark is a well-known trademark
which covers the definition of Section 2(1)(zg) of the Act
aural confusion is statutorily embodied in
Section 29 (9) of the Trademarks Act, 1999 in so far as it states that
"Where the distinctive ... determining criteria in ascertaining infringement.
16. Section 29(2) of the Trademarks Act, 1999 recognizes the
concept of likelihood of association, wherein the consumer
trademark CARTIER has also been recognized as a well-
known mark as provided under Section 2(zg) of the Trademarks Act,
1999 and has consequently ... other
goods bearing the suit trademarks or any similar trademark
and/or device or doing any other act amounting to passing
off of the Defendants
preservation of common law of
Designs Act, 2000 and more so when the rights and remedies
under the Act are statutory in nature ... passing off as available under the
trademarks can be joined with the action under the Designs Act
when the same are mutually inconsistent with that
Magotteaux Industries Pvt. Ltd. & Ors. vs Aia Engineering Ltd. on 14 November, 2008
Author
validity
of the patent"
26. Under the scheme of the Act, it provides by way of Section 107 that
the Defendant may raise ... patents then a provision similar to Section 31 of the
Trademarks Act would have been incorporated under the Patents Act, 1970 .
The Legislature
water and other allied goods.
b) Mr. Kaul submits that the Trademarks Act, 1999 provides for the
registration and protection of numerals as trademarks ... trademark;
b) Section 30(1) safeguards the use of the trademark by anyone
other than the registered proprietor if the use of the said
trademark
India within the meaning of Section 29(4) of the Trademarks
Act, 1999, being an extremely popular and protected brand in earlier
proceedings by this ... found in Section 11(6) of the Act. Upon
testing the trademark of the plaintiff on the touchstone of
the ingredients of the said provision
referred to Section 9 of the Trade Marks Act,
1999 (hereinafter referred to as "the Act") and has referred to certain foreign
judgments ... said to be deceptively similar to another
( Section 2(1)(h) , Trademarks Act, 1999) if it so nearly
resembles that other mark
