Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2013 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (5) TMI 247 - HC - Companies LawPermanent injunction - As per the plaintiff the trademark “GULVARI” of defendant deceptively or phonetically similar to the trademark of the Plaintiff "GULABARI" - Held that:- As the plaintiff led evidence by filing affidavits & also exhibited its trade mark registration certificates, invoices, photographs and sale invoices, thus this Court is of the opinion that plaintiff has proved the facts stated in the plaint & since the plaintiff’s evidence has gone unrebutted, said evidence is accepted as true and correct. Adoption of the trade mark GULVARI by the defendant amounts to infringement of the plaintiff’s trade mark GULABARI - use of the mark GULVARI by the defendant which is deceptively similar to the plaintiff’s registered trade mark GULABARI is bound to cause confusion in the mind of the consumers about the source of the rose water on account of deceptive similarity between the two marks. The possibility of confusion and deception is compounded on account of visual similarity between the trade dress and get up of the defendant’s packaging with those of the plaintiff predominantly on account of similarity of colour combination of pink, white and silver as well as lay out and arrangement of features including the cap and size of the bottle. Also considering the nature of goods and the class of consumers who purchase and use rose water, this Court is of the opinion that confusion or deception is inevitable leading to passing off of the defendant’s goods as those of the plaintiff. In favour of plaintiff.
|