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
while the Trade Marks Act confers certain
statutory rights qua a registered trade mark, it does not
deprive a user of an unregistered trade mark ... have the statutory rights, which a
registered trade mark has, under the Trade Marks Act , it
would certainly have the right to take remedial steps
Section 28 of Trade Marks
Act, 1999, plaintiff has the statutory right to the exclusive use of the mark
in relation to the cosmetic products ... stated, in an action for passing-off on
the basis of unregistered trade mark generally for
Page 19 of 27
CS (Comm) No.343/2023
suit of the
plaintiff was barred under Section 27 of the Trade Marks Act. That plaintiff
had sought no prayer regarding relief of mandatory injunction ... plaintiff. That plaintiff is not the owner of any
unregistered Trade Mark "Mahotsav Sanchalan Samiti" and also plaintiff
himself admitted in earlier suit
been able to prove that its trademarks were device marks and not
wood marks. Issues no1 and 2 are decided in favour of defendants ... 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
misrepresentation,
(b) made by a trader in the course of trade,
(c) to prospective customers of his or ultimate
customers of goods or services supplied ... Broadly sated in action for passing off on
the basis of unregistered trade mark generally for
deciding the question of deceptive similarity
certification
trade mark or collective mark;"
22. A trade mark also includes trade name. Under the TMA 1999
service marks are also recognized which ... plaintiff?
26. A trade mark is in fact a pseudo intellectual property. It is for
the reason that a trade mark is not respected
proprietor of trademark TREAT? OPP.
&
Whether the defendant has adopted mark which is
deceptively similar to the plaintiff's trademark TREAT ... stated in an action of passing off on the basis
of unregistered trade mark generally for deciding the
question of deceptive similarity the following facts
trade mark is not precondition for invoking
provisions of Sections 78 / 79 of TMM Act. It has been held that the "Trade
Mark ... means both registered as well unregistered trade marks. Therefore,
violation of either registered or unregistered trade mark will attract penalty.
This contention of Ld. Counsel
copy right Act ,
1957 read with section 27 (2) of the Trade Mark Act,
1999 against the defendants wherein the plaintiff
has prayed for passing ... distinctive packings till 19 June, 2001 when all the
registered/unregistered trade marks and copy rights
were assigned in favour of the plaintiff
