“CEFDON” is deceptively similar to “CEDON”; Bombay High Court issues permanent injunction, imposes ₹5 Lakh Costs
“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”
phonetic similarity
BHARAT GATE mark is deceptively similar to INDIA GATE; Delhi High Court restores injunction
The marks INDIA GATE and BHARAT GATE convey the same meaning and the difference in trade dress between the marks as visually depicted on the packages of the appellant’s and respondent’s products would not mitigate the confusion created by the infringement.
[VIAGRA v. VIGOURA] ‘Confusion between medicinal products pose serious risks to public health’; Delhi HC grants permanent injunction in favour of Pfizer Products
“When consumers encounter different products with similar branding in the same retail context, the risk of assuming a common source or affiliation increases.”
Delhi High Court restrains Ashirvad Pipes from using marks similar to Jaguar’s ‘ARTIZE’ and ‘TIAARA’ marks in relation to sanitaryware
Defendant earlier using the mark “Ashirvad by Aliaxis” and adopting “ARTISTRY” only after plaintiff’s “ARTIZE” mark gained repute, prima facie, shows that there is a conscious attempt to ride on plaintiff’s reputation.
[NOVA v NOVYA Trademark Dispute] Delhi High Court grants permanent injunction in favour of Sterling Agro Industries
Sterling Agro Industries emerges victorious in the trademark clash between NOVA and NOVYA, as Delhi High Court decrees in their favor, enforcing a permanent injunction against the defendants and awarding litigation costs.
Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage
When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.
Delhi High Court restrains Parle company from using FAB!O being deceptively similar to Cadbury’s OREO
A consumer of average intelligence and imperfect recollection who has earlier purchased and had the OREO cookie would, when he sees the FAB!O cookie pack, be clearly likely to associate the FAB!O cookie with the OREO cookie that he had earlier enjoyed (ass uming he did). That, by itself, satisfies the test of —initial interest confusion.
Delhi High Court grants ad-interim injunction against Tensberg having phonetic similarity with Carlsberg
The advertisements on the Facebook page and YouTube channel alone, in my prima facie opinion, cannot be sufficient to deny the plaintiff its statutory rights as a registered proprietor of the mark.
Delhi High Court refers trademark infringement suit between CHAAYOS’ and ‘CHAIOPS’ to mediation; Appoints Sidharth Chopra as mediator
Delhi High Court: In a suit filed by Sunshine Tea House Pvt Ltd. (‘plaintiff’) for its brand CHAAYOS was seeking permanent injunction
Injunction granted in a suit for passing off on grounds of phonetic similarity
Karnataka High Court: A Single Judge Bench comprising of Raghvendra S. Chauhan, J., while deciding a regular first appeal, upheld the decision