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In the last week of March 2025, the plaintiff came across the listing of defendants’ products on e-commerce platforms such as Meesho and TradeRaise for identical products i.e., for cleaners and disinfectants, which was deceptively similar to the plaintiff’s “MAXKITEEN” marks.
In April 2022, while conducting a market survey, the plaintiff came across the defendant’s listing on the online trade directory of www.tradeindia.com selling butyl tubes of two-wheeler and four-wheeler vehicles under the infringing marks.
The similarity between the conflicting marks ‘IKEA’ and ‘IKEY’ is such that it cannot be mere co-incidence and a case of ignorance.
It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.
Mankind Pharma used the mark “MANKIND” since 1986 and holds 78 separate trademark registrations covering a variety of pharmaceutical products. The concern arose when Novakind adopted the name “NOVAKIND” for its pharmaceutical products.