trademark and any
potential similarity with the non-dominant element 'DAZS' in a
trademark would not amount to infringement.
6. Per contra ... trademark is supposed to be looked at
in entirety, yet the consideration of a trademark as a whole does not
condone infringement where less than
cause of action for passing off with cause of action for infringement of
trademark. Prayer clause (a) of the above Petition is reproduced herein below ... action for
passing off with the cause of action of infringement of trademark
and for a combined trial of the said issues in the above
Court agreed with the
defendant that in a suit for trademark infringement priority in use
could not be dishonest. It was highlighted that the Bombay ... trademark holder registers his trademark without any
intention of using it, and then authorizes a separate third party to make
use of the trademark
connection in the course of trade. Therefore, no case of
infringement of trademark is made out against the defendants.
(iii) As alleged by the plaintiff ... which infringement
of a registered mark can result. Section 29 of the TM Act
1999 reads as under:
29. Infringement of registered trademarks
plaintiffs have filed a suit for permanent injunction
restraining infringement of trademark, copyright, passing off, unfair
competition, dilution, tarnishment etc. against the defendant ... respect of which the
trademark is registered without the permission of the trademark
owner.
30. In order to establish infringement, the main ingredients of
Section
Plaintiffs, this Court has jurisdiction to grant reliefs for
infringement of trademarks in view of the fact that the Plaintiffs carry on business
within ... jurisdiction in respect of the cause of action for infringement of trademark, in
order to avoid multiplicity of proceedings this Court should grant leave under
1789/2013 Page 12 of 56
(a) Infringement of trademarks;
(b) Passing off; and
(c) Acts of unfair competition
32. It is submitted ... considered by the
Court while deciding the abovementioned applications:
(i) Infringement of trademarks
(ii) Whether CITI is a well known mark of the plaintiffs
VIPIN SANGHI, J.
1. This suit, to claim permanent injunction against infringement of
trademarks & passing off, delivery up, damages etc against the defendants,
claiming ... court was of the view that, in actions for infringement of
trademarks, copyrights etc, courts should not only grant compensatory
damages but also award punitive
VIPIN SANGHI, J.
1. This suit, to claim permanent injunction against infringement of
trademarks & passing off, delivery up, damages etc against the defendants,
claiming ... Court had found it to be a clear case of trademark
infringement and passing off. Infringing goods were found in the premises
of defendant
independent
cause of action. The suit was composite in trademark infringement and
passing off action. Passing off a product resembling that of the appellant
under ... question gave sufficient nexus to bring an action
notwithstanding the trademark infringement complained of. Here, the
learned trial court fell in serious error
