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
Somany Ceramics Limited vs Shri Ganesh Electric Co. & Ors. on 28 July, 2022
Author
Sun Pharmaceutical Industries Ltd & ... vs Kinetic Lifescience Opc P Ltd & Anr. on 12
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
hereunder for quick reference:
"27. No action for infringement of unregistered trade mark:
(1) No person shall be entitled to institute any proceeding ... prevent, or to
recover damages for, the infringement of an unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect rights
misrepresentation, (2) made by a trader in the course
of trade, (3) to propsective customers of his or ultimate consumers of
goods or services supplied ... 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
respondent uses a trade mark
which is deceptively similar or nearly identical or identical to the
registered trade marks. Included in this first issue ... passing off the goods of the appellant which uses the unregistered
trade mark "LOW ABSORB". We also would like to state that
other hand in the case of
passing off of an unregistered trade mark/label the
proprietor only possesses common law rights. Where
common law rights ... greater
role to play. Therefore, in the case of an unregistered
trade mark/label delay and laches on the part of the
appellant in bringing
trade mark.
(9) Where the distinctive elements of a registered
trade mark consist of or include words, the trade mark
may be infringed ... trade mark which is
identical with or deceptively similar to the
plaintiff's trade mark, whether registered or
unregistered,
shall be instituted
device mark which
contains the word elements GLUCOVITA BOLTS. The defendant's mark is
also a device mark which contains the word elements GLUCON ... 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
