mark, one source and one proprietor.
There cannot be two origins as the registered trade mark as
well as the unregistered trade mark both could
Choice Hotels International Inc vs M Sanjay Kumar And Anr on 9 February, 2015
Author
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
used as a trade mark and if by virtue of
its use, goodwill is generated in the course of trade or business ... used
as a trade mark and if by virtue of its use, goodwill is
generated in the course of trade or business
M/S Sai Nath Enterprises vs North Delhi Municipal Corporation & ... on 23 December, 2015
M/S Sai Nath Enterprises & Ors vs North Delhi Municipal Corporation & ... on 23
mark LUCYNTA in India. It is anyways well settled
CS(OS) No.1931/2012 Page 26 of 37
that registration of a mark is only ... taken to prevent any
possibility of confusion in the use of trade marks. The
test as to whether or not there is confusing similarity
Eicher Motors Limited vs Saurabh Katar And Others on 16 December, 2015
Author: Manmohan Singh
order could be passed against
the registered proprietor on the basis of unregistered trademark in an
action of passing off as held in the case ... India of the international
reputation enjoyed by the Plaintiff's mark.
(b) It is not necessary for the Plaintiff to actually show the
presence
order could be passed against
the registered proprietor on the basis of unregistered trademark in an
action of passing off as held in the case ... India of the international
reputation enjoyed by the Plaintiff's mark.
(b) It is not necessary for the Plaintiff to actually show the
presence