lakhs.
CS(OS) 1213/2011 Page 4 of 11
(v) The Trademark "STAYA" was coined by the Promoter Director
of the plaintiffs‟ companies ... projects of the plaintiffs have been promoted and
sold under the trademark "SATYA" for the last approximately
25 years.
(viii) That the plaintiffs
present suit originally seeking injunction against the defendants from infringing its registered trademarks and on grounds of dishonest passing off its products as those having ... defendant has also filed an application under Section 124 of the Trademarks Act, 1999.
2. By the present judgment, I propose to decide
averments
and documents, in the context of special
provisions in to the Trademark and
Copyrights Act, which do not provide for
exercise of jurisdiction based ... Applicable standards for entertaining
a suit, based on use of a trademark by a
CS (OS) No. 894-08 Page 4 of 58
Defendant
plaintiff has filed a suit for permanent injunction for infringement of trademark, copyright, passing off, delivery up, rendition of accounts, damages, etc. against the defendant ... involved in the business of manufacture and sale of motorcycles under the trademark HERO HONDA since 09.04.1985. It is stated that apart from the said
more particularly in India associate the drug only with the registered trademark 'MERONEM' and this trademark of plaintiffs has clear distinctiveness ... stark difference between the drug sold by plaintiffs under the registered trademark 'MERONEM' and the drug sold by the defendant, under the mark
word MOLA is common to the trade as more than 25 trademarks are
registered with the suffix MOLA. Mr. Arun Jaitley stated that variants ... notice of
opposition dated 25th July, 2007 to the Appellants trademark
application which in turn explicitly stated that the Appellant had been
using the mark
stated that the plaintiff has been continuously and consistently using the trademark
and trade name TATA, which is a rare and distinctive patronymic name possessing ... activities and those of companies
promoted by it. The use of the trademark and name TATA by the plaintiffs‟ predecessors in
business dates back
2010 Page 1 of 50
in a suit for infringement of trademark, passing off, dilution etc., and by
which order the learned Single Judge dismissed ... respondent-defendant which was
alleged to be deceptively similar to the registered trademarks
"LOSORB" and "LO-SORB" of the appellant-plaintiff
manufacturing desserts such as ice-creams and frozen yogurts under
the trademark 'HAAGEN DAZS' which according to it is an arbitrary
word having ... India.
4. Since the present lis essentially hinges upon the conflict of
trademarks propounded by the rival litigants, it would be incumbent upon
indirectly dealing in
whisky or any other alcoholic beverages under the trademark
Imperial Gold or the impugned label/trade dress pertaining
thereto or any other ... trademark/label/trade dress as may be
deceptively similar to the trademark of the Plaintiff/Respondent
viz. IMPERIAL BLUE, IMPERIAL RED or ROYAL STAG
