using "Hero"
or any mark deceptively similar thereto, as a trademark, brand name or
tradename, in any manner as would infringe the said ... fitted electric cycles
and electric scooters, in 2007, under the well-known trademarks "Hero"
and "Hero Electric". The marks "Hero
word "BharatPe" itself,
infringes the plaintiff's registered trademark and also amounts to
passing off, by the defendants, of the services provided ... which is identical and/or similar to the
plaintiff's trademarks 'PhonePe', , or , in
respect of payment services or in any other
Oerlikon Schweistechnik AG,
Switzerland. With effect from 2004, averred the plaint, the trademark
„SUPERON‟ came to be adopted by the respondent, with respect ... averred, in the
plaint, that, at the time of its adoption, no trademark, or label,
„SUPERON‟, was registered with the Registrar of Trade Marks
Industries Ltd, the plaintiff, alleges infringement, by the
defendants, of its registered trademark "KEI", of which it has
registration both as a word ... permanent injunction,
restraining the defendants from infringing the plaintiff's registered
trademarks either physically or via online platforms, along with other
prayers for rendition
Comm) 553/2020
The lis
1. On 11th September, 2020, the Trademark Registry registered the
following trademark in favour of the plaintiff M/s Britannia ... Nutri Choice Digestive"
biscuits, the packing whereof employs the above registered trademark.
I.A. 12115/2020 in CS(COMM) 553/2020 &
Signature
This rule mandates that the Courts whilst dealing with
cases of trademark infringement involving composite marks, must
consider the composite marks in their entirety ... underscoring the said principle is that the commercial
impression of a composite trademark on an ordinary prospective
buyer is created by the mark
rectification of the register of trade marks
by removal, therefrom, of the trademark "BPI SPORTS" registered as
a word mark in favour ... such use eo instanti confers a right to such
mark as a trademark. It is sufficient if the article with the mark
upon
which the bottle is
packed all infringe the plaintiff's registered trademarks.
3. The allegedly infringing product of the defendant, and the
Signature ... between the
defendant's mark and the plaintiff's registered trademarks. The
defendant, thus alleges the plaintiff, wants to ―come as close
plaintiff alleges infringement, by the defendants, of the
plaintiff's registered trademarks "NATURE'S" "NATURE
ESSENCE" and "NATURE ... using any mark/name
identical or deceptively similar to the aforesaid registered trademarks
of the plaintiff.
3. I may observe, even at this point, that
from offering any domain names which
incorporate the Plaintiff's SNAPDEAL trademarks
listed in paragraph 10 of the plaint thus amounting to
infringement ... Plaintiff's registered trademark,
passing off and unfair competition,;
(b) An order directing Defendant No. 33 (DoT) to
issue a notification calling upon
