said to be a species of
unfair trade competition or of actionable unfair
trading by which one person, through deception,
attempts to obtain an economic ... stated in an action for passing
off on the basis of unregistered trade mark
generally for deciding the question of deceptive
similarity the following factors
accepted by the trade mark registry subject to association with the trade mark 'KRISHNA registered as trade mark No.484525, the said application ... unregistered mark not assigned will not travel with the registered mark. There has to be a separate transmission or assignment of the unregistered mark
Notarized copy of the sale deed of 30.11.2000
unregistered trade marks and copy rights
25 Ex.P25 Affidavit of V.M.Joseph filed
mark whether with or without any
indication of the identity of that person, and
includes a certification trade mark registered as
such under the provisions ... trade mark or relating to any right in a
registered trade mark or a passing off action arising out of the use of trade
mark
requiring the defendants to desist from using the trade mark or trade name Mangaiyar Choice. The said notice was replied to by the defendants ... that it is the proprietor of the Trade Mark in contravention of Section 18 of the Trade Mark Act. It was further contended that there
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Author: R.Subramanian
Bench: R
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