infringement of a registered trade
mark; or
(b) relating to any right in a registered trade
mark; or
(c) for passing off arising ... defendant of any trade mark which is identical
with or deceptively similar to the plaintiffs trade
mark, whether registered or unregistered, shall be
instituted
initial order
granting injunction was limited for the "registered trade mark only" and
not for all the products which were referred ... prayed for by him were
not pressed by him for unregistered trademark and/or trade name, hence,
the same was not granted
unregistered trademark: -
Page 22 of 41
C/AO/403/2013 CAV JUDGMENT
(a) The nature of the marks i.e. whether the
marks ... word marks or label marks or
composite marks i.e. both words and label
works.
(b) The degree of resembleness between the
marks, phonetically similar
initial order granting injunction was limited
for the "registered trade mark only" and not for all the products
which were referred ... prayed for by him were not
pressed by him for unregistered trademark and/or trade name,
hence, the same was not granted
Radhe Krishna Products - A Partnership ... vs Parshottambhai Dharamshibhai ... on 28 August, 2014
Author: K.M
