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“Defendants’ use of a similar mark/packaging in similar combinations not only raises concerns about potential confusion but also suggests an attempt to free ride on plaintiff’s established reputation.”
“Listings play a crucial role in online marketing and sales. Copying of listings also indicates that defendant is trying to pass off its products as that of plaintiff, in view of the point-of-sale confusion that becomes clearly possible.”
“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’.”
“The comparison of the defendant’s and the plaintiffs’ marks will show that the defendant has not merely copied one mark or packaging but has deliberately adopted a series of marks, in packaging with almost identical colour combinations.”
Delhi High Court observed that the defendant has used the infringing mark ‘BETNOL’, which is identical to the plaintiff’s mark ‘BETNESOL’ with the intent to springboard its business by drawing association with the plaintiff and its trademark to ride on the goodwill and reputation of the mark of the plaintiff.
by Yashvardhan Rana†
Cite as: 2021 SCC OnLine Blog Exp 29
West Bengal Authority for Advance Ruling (AAR): The Bench of Sydney D’Silva and Parthasarathi Dey (Members) addressed an application sought on the