between
the marks of the defendant, and its own registered trade marks, as
there can be no infringement with respect to an unregistered
trademark11 ... prevent, or to recover damages for, the infringement of an unregistered trade mark."
Signature Not Verified I.A. 12750/2020 in CS(COMM
includes the likelihood of association
with the earlier trade mark. [ Section 11(1) ],
(xii) the mark is identical or similar to an earlier trademark ... particular the law of passing off protecting
an unregistered trade mark used in the course of trade, or by
virtue of copyright law [ Section
includes the likelihood of association
with the earlier trade mark. [ Section 11(1) ],
(xii) the mark is identical or similar to an earlier trademark ... particular the law of passing off protecting
an unregistered trade mark used in the course of trade, or by
virtue of copyright law [ Section
infringement of a registered trade
mark; or
(b) relating to any right in a registered trade
mark; or
(c) for passing off arising ... trade mark which is
identical with or deceptively similar to the
plaintiff's trade mark, whether registered or
unregistered,
shall be instituted
trademark but has also infringed its unique
trade dress.
17. The defendant's mark, admittedly, is unregistered as on date ... defendant seek to urge that the defendant's mark is as yet
unregistered.
29. In view thereof, I am also not convinced with
trade mark taken as a whole.
(2) Notwithstanding anything contained in sub-section (1), when a trade mark -
(a) contains any part -
(i) which ... registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade mark; or
(b) contains any matter which
Fdc Limited vs Faraway Foods Pvt. Ltd. on 10 February, 2021
Author: C. Hari Shankar
Joint Registrar for completion of pleadings,
admission and denial of documents and marking of exhibits, on 10th
August, 2021.
I.A. 6799/2021 (under Order ... registered trademark/trade name is "OMEZ",
whereas the defendant's trademark, which appears to be unregistered
as on date, is "OMES
Manohar Packagings Pvt Ltd vs Manohar Packaging Industries & Anr on 25 November, 2021
Author
