trade mark, protection, in an action for passing off,
is sought of a trade mark. Moreover, once the law relating to
trade marks has been ... codified, saving the action for passing off
in respect of unregistered trade marks, it is not open to contend
that an action for passing
remedy for prevention on the allegations of infringement of an unregistered trade mark. It is also submitted that the publications of the petitioner ... petitioner cannot claim any relief on the basis of its unregistered trade mark. What was argued at the bar, however, is a case totally different
earlier trade mark and similarity of goods or services
covered by the trade mark; or
(b) its similarity to an earlier trade mark ... with the earlier trade mark.
(2) A trade mark which -
(a) is identical with or similar to an earlier trade mark
plaintiffs the defendant was using the trade mark. According to the plaintiffs, the use of the trade mark would cause loss and injury ... disputed trade mark/device mark in this country. The defendant has an exclusive right to the user of the disputed trade mark/device mark
defendant has imitated or adopted the plaintiff's distinctive trade mark or business name, the order may be an absolute injunction that he would ... 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
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
Signing Date:14.10.2022
appellant's marks are device marks, no confusion would be caused with
the other marks that use the word "Vasundhra ... stated in an action for passing-off on the basis
of unregistered trade mark generally for deciding the
Signature Not Verified
Digitally Signed
By:Dushyant
using the mark in India and that, the
principle of „owner or prior user worldwide‟ of the mark is not relevant for
passing ... border reputation essentially means that a plaintiff
wishing to enforce its unregistered trade mark in India need not necessarily
have a commercial
purchasers who are likely to buy the goods bearing the
two marks, their education, intelligence and degree of care that is
likely to be exercised ... 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
prevent, or to recover damages for, the infringement of. an unregistered trade mark. Sub-section (2) of the said section provides that nothing ... trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered. Section 106 provides that
