Confusing - Year 2013 - Judgments

Nov 29 2013 (FN)

Staywell Hospitality Group Pty Ltd Vs. Starwood Hotels and Resorts Wor ...

Court: Singapore Supreme Court

Decided on: Nov-29-2013

..... resulted these concerns are evident in his conclusion on the issue of initial interest confusion at 101 confusion arising from an advertisement is capable of causing damage to the trade mark ..... the critical distinction that we have drawn between infringement and opposition proceedings if the confusion inquiry were diverted into a consideration rooted in the details of the actual circumstances .....

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Oct 25 2013 (TRI)

M/S. Sony Kabushiki Kaisa Also Trading as Sony Corporation Vs. Purusho ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Oct-25-2013

..... can be no doubt that the competing marks are exceedingly similar and the likelihood of confusion by an average consumer with imperfect recollection is extremely high ii the registrar has completely ..... for alleviation of various ailments word lakshmanandhara held was likely to deceive and confuse persons of the class who generally purchased such preparation lakshmandhara widely advertised and .....

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May 30 2013 (HC)

The Timken Company Vs. Timken Services Private Ltd.

Court: Delhi

Decided on: May-30-2013

..... the plaintiffs and defendants products are dissimilar and therefore there is no possibility of confusion defendant is engaged in the business of manufacturing trade of diesel generating sets ..... whereas defendants products also relate to power transmission and generation and therefore likelihood of confusion is extremely high even otherwise the remedy of passing off protects goodwill and reputation .....

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Dec 02 2013 (HC)

Sun Pharmaceutical Industries Limited Vs. Anglo-french Drugs and Indus ...

Court: Delhi

Decided on: Dec-02-2013

..... vs navaratna pharmaceutical air1965sc980 once the therapeutic indications are different there can be no confusion and consequently no injunction reliance is placed on sun pharmaceuticals vs west coast ..... of medicinal product as against other non medicinal products drugs are poisons not sweets confusion between medicinal products may therefore be life threatening not merely inconvenient noting the .....

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Jan 04 2013 (TRI)

M/S. Pawan Kumar Sushil Kumar Agro(P) Ltd. Vs. M/S Shriniwas Jhawar an ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Jan-04-2013

..... his lordship that there was a misrepresentation in the advertisement held defective advertisement could create confusion and uncertainties in mind of general public and therefore such advertisement was not a ..... prohibits in specific terms the registration of trademarks which are likely to deceive or cause confusion by reason of similarity to trademarks already registered in the name of a different .....

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Jan 16 2013 (HC)

Precious Jewels and anr. Vs. M/S Varun Gems

Court: Delhi

Decided on: Jan-16-2013

..... of similarity dr reddy and reddy are similar trademarks phonetically and are capable of creating confusion there is identity of goods identity of trade mark and identity of consumers the defendant ..... the said name rakyan by the defendants at the adjoining shop would definitely tantamount to confusion and deception as apparently there is a resemblance while comparing the two photographs produced by .....

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May 15 2013 (HC)

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court: Delhi

Decided on: May-15-2013

..... identity with that distinction in mind this court decided that the public interest protection from confusion mistake and deception in the purchase of goods and services must prevail over any alleged ..... said design it would be incongruous to assume any further public interest to protect against confusion outweighing the paramount public interest which is right to exploit the work of lapsed patent .....

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Mar 22 2013 (HC)

Keshav Kumar Aggarwal Vs. M/S Niit Ltd.

Court: Delhi

Decided on: Mar-22-2013

..... of its trade without taking any permission or authorization from the plaintiff thereby deliberately creating confusion with an attempt to dilute the reputation and name commanded by the plaintiff among the ..... advertising impugned mark in the market with high stress on the plaintiffs mark thereby creating confusion and causing loss to the plaintiffs reputation and goodwill in the market 12 to support .....

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Feb 05 2013 (HC)

Macleods Pharmaceuticals Ltd. Vs. Procare Laboratories Pvt. Ltd.

Court: Delhi

Decided on: Feb-05-2013

..... prescription or only to physicians cannot by itself be considered a sufficient protection against confusion the physicians and pharmacists are trained people yet they are not infallible and in ..... of medicinal products as against other non medicinal products drugs are poisons not sweets confusion between medicinal products may therefore be life threatening not merely inconvenient noting the frailty .....

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Nov 22 2013 (FN)

Orange Brand Services Limited Vs. Account Works Software (Pty) Ltd.

Court: South Africa Supreme Court of Appeal

Decided on: Nov-22-2013

..... computer software and software relating to accounting ldquo would be likely to deceive or cause confusion 5 the orange group of companies carries on extensive business in the telecommunications industry in ..... have no doubt that computer software for accounting is indeed purchased with considerable care but confusion need not be lasting for it to disqualify a mark from registration it is sufficient .....

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