Confusing - Year 2016 - Judgments

Jan 04 2016 (HC)

Win-Medicare Pvt Ltd. Vs. Galpha Laboratories Ltd. and Others

Court: Delhi

Decided on: Jan-04-2016

..... goodwill of the plaintiff thereby causing damage to him in the process difference between the confusion and deception is to be understood this difference was explained by lord denning in difference ..... the plaintiff and bectodine of the defendants when compared in its entirety are deceptively and confusingly similar the defendants adopted the mark bectodine being aware of the trademark betadine of the .....

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Sep 06 2016 (HC)

ITC Ltd Vs. Britannia Industries Ltd

Court: Delhi

Decided on: Sep-06-2016

..... itself cannot be determinative of there being deception and or confusion as a result of both packets being juxtaposed 36 biscuits ..... digestive all good biscuits and such deception is likely to confuse the consumers of such biscuits even the discerning health conscious ..... biscuits gets altered on account of the possible deception and confusion because the packaging of the two products resemble each other .....

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Oct 21 2016 (HC)

Petitioner Vs. Respondent

Court: Chennai

Decided on: Oct-21-2016

..... and knowledgeable are not talismans which when invoked act magically to dissipate a likelihood of confusion it must also be shown how the purchasers react to trademarks how observant and ..... to notice the principle that even the informed sophisticated and knowledgeable customers suffer from initial confusion where the corporate names trade names or trade marks of two different companies are the .....

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Jun 03 2016 (HC)

Sun Pharmaceuticals Industries Limited Vs. Cadila Healthcare Ltd. and ...

Court: Chennai

Decided on: Jun-03-2016

..... 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 ..... are medicinal products each with different effects and designed for even subtly different uses confusion among the products caused by similar marks could have disastrous effects for these reasons .....

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Dec 24 2016 (HC)

M/S Az Tech (India) & Anr. Vs.m/s Intex Technologies (India) Ltd. & An ...

Court: Delhi

Decided on: Dec-24-2016

..... 7 as an alternate submission learned counsel submits that there is no possibility of any confusion between the products of the plaintiffs and the defendants the defendants use the mark intex ..... that originating from the plaintiffs or having a connection collaboration with the plaintiffs thereby creating confusion in the market by passing off their goods as if they were sold marketed manufactured .....

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Jul 15 2016 (HC)

Banana Brand Works Pvt. Ltd. Vs. Kavan Antani, Director, Bananabandy N ...

Court: Chennai

Decided on: Jul-15-2016

..... there is a distinct advantage by creating an initial interest confusion to buttress his submissions aforesaid reliance has been made on ..... 48 in several cases it has been held that initial confusion is likely to arise even amongst sophisticated and knowledgeable ..... line of business there is grave and immense possibility for confusion and deception and therefore there is probability of sufferance of .....

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Oct 19 2016 (HC)

Cephalon, Inc vs.maneesh Pharmaceutical Limited & Anr

Court: Delhi

Decided on: Oct-19-2016

..... and other medicinal products a greater degree of a scrutiny would be required because any confusion in respect of the trademarks used in association with pharmaceutical preparations would be potentially more ..... similar in blansett the pharmaceuticals co vs carmick laboratories inc it was held as under confusion and mistake is likely even for prescription drugs prescribed by doctors and dispensed by .....

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Dec 23 2016 (HC)

Prius Auto Industries Ltd & Ors vs.toyota Jidosha Kabushiki Kaisha

Court: Delhi

Decided on: Dec-23-2016

..... to be decided not with reference to the likelihood of confusion but actual confusion to be proved requires appreciation of facts which would ..... the same the court has to be more circumspect while deciding confusion learned senior counsel argued that in the instant case the ..... to this issue issues of trans border reputation or likelihood of confusion decided in various cases cited before us and even in .....

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Sep 14 2016 (HC)

M/S. Avighna Coffee Pvt. Ltd., Vs. M/S Cothas Coffee Co.

Court: Karnataka

Decided on: Sep-14-2016

..... words are so dissimilar that there is no reasonable probability of confusion between the words either from the visual or phonetic point ..... are so similar as to be likely to deceive or cause confusion the similarity of idea is a relevant consideration 24 judging ..... mr reddy cannot be accepted since the same would lead to confusion and deception and therefore the defendant was restrained form adapting the .....

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Sep 19 2016 (HC)

Advance Magazine Publishers, Inc. and Another Vs. M/s. Just Lifestyle ...

Court: Mumbai

Decided on: Sep-19-2016

..... source of revenue generation etc a case of likelihood of confusion does arise and an injunction must follow learned counsel also ..... registered proprietor of such mark having to demonstrate the likelihood of confusion arising from the use of an identical or similar mark ..... near resemblance as would be likely to deceive or cause confusion the degree of resemblance left hanging simply by the expression .....

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