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Defendant’s dishonesty is evident as only after defendant received applicant’s cease-and-desist notice, it filed a trade mark application for the impugned mark “JHAMPA” on 05-09-2024, claiming use from 01-01-2024.
“The differences showed that extraordinary effort has been put by defendant in identifying differences and the broad similarities are so obvious at the first look that the differences are nudged into oblivion.”
“The defendants are allowed to use the mark ‘Imperial Vat No.1’ as their trade mark for any fresh manufacture, along with the proposed packaging/label/get up and with the emblem/coat of arms, without the mark/name ‘Green Valley’.”
Kerala High Court while deciding the petition against the manufacturers of ‘FROOTI’, interpreted the alleged rules and sections according to the facts, held that the size of MRP and packing date on the plastic bottle of 1.5 litres was in compliance with the Legal Metrology Rules.
The Delhi High Court granted permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’. Further, RPG Developers (P) Ltd. were restrained from offering/rendering any services using the impugned trade mark ‘RPG’ and/or ‘RPG DEVELOPERS’ and/or artistic work which was a colourable imitation of the plaintiff’s artistic work or any other trade mark/artistic work deceptively similar to the ‘RPG’ marks of the plaintiff. Additionally, Rs. 3 lakhs were awarded as damages to the plaintiff.
Delhi High Court: C. Hari Shankar, J., addressed a matter regarding passing off and granted interim relief. Plaint alleged that defendant 1