TMI Blog2013 (5) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... ABARI - 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f features; C. Pass a decree of mandatory injunction in favour of the Plaintiff and against the Defendant thereby directing the Defendant, its servants, agents, representatives, distributors, and assigns to hand over to the Plaintiff all goods, packagings, wrappers, cartons, unfinished products etc. with the impugned trade mark GULVARI and/or relatable to the impugned trademark/ trade dress. The Defendant be also ordered to hand over all dies, plates, moulds, blocks, matrix, transfers, negatives etc. pertaining to the impugned trademark/trade dress; C. direct that the Defendant be called upon to render accounts of profits earned by the Defendant through their unauthorised user of the trademark/ copyright GULABARI‟ and a decree be acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e plaintiff to copyright protection under Section 14 of the Copyright Act, 1957. 6. In the plaint, it is also stated that defendant launched its rose water under the name GULVARI. 7. Mr. Makkar, learned counsel for plaintiff contends that the defendant has deliberately chosen the trade mark GULVARI as it is deceptively similar to the plaintiff s trade mark. He submits that defendant has brazenly copied the distinguishing features of plaintiff s trade dress to cause confusion and deception amongst consumers about the origin of the defendant s rose water and to pass off its product as that of the plaintiff to unwary customers with imperfect recollection to make illegal profits. 8. Upon the present suit being filed, on 17th December, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eption 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. 14. Consequently, present suit and application are decreed in terms of prayers A and B of the plaint. Registry is directed to prepare a decree sheet accordingly. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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