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R. I. CHAGLA
Harikishan Pandurang Mundada – Appellant
Versus
Mahadeo Sadashiv Khedkar – Respondent
| Table of Content |
|---|
| 1. challenge to trade mark registration and service of notice. (Para 2 , 3) |
| 2. petitioner's use and trademark ownership. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. opposition filed against respondent's registration. (Para 11 , 12) |
| 4. petitioner's arguments on deceptive similarity and public interest. (Para 13 , 14) |
| 5. court's reasoning on deceptive similarity and public duty. (Para 15 , 16 , 17 , 18 , 19) |
| 6. interim relief granted based on petitioner's rights. (Para 20) |
| 7. conclusion and next steps for the case. (Para 21 , 22 , 23 , 24) |
ORDER :
R.I. Chagla, J.
Heard, Mr. Kamod, Ld. Advocate appearing for the Petitioner.
2. By this Petition, the Petitioner is challenging the registration of the impugned trade mark 
bearing no. 4076679 in class 32 granted by the Respondent No. 2, in favour of the Respondent No. 1, in respect of mineral and aerated waters and packaged drinking water.
3. It is stated that the present Petition has been duly served by hand upon the Respondent No. 1 on 22nd December, 2022 as well as upon Respondent No. 2, by email on 15th February, 2023 and by registered AD post on 16th February, 2023. Apart from the above, the Respondents were also given notice/informed that
Prior use and distinctiveness of a trademark override subsequent registrations, establishing a likelihood of consumer confusion in trademark disputes.
The central legal point established in the judgment is the application of Section 11(1)(b) of the Trademarks Act to determine the likelihood of confusion based on phonetic similarity and the priority....
The court established that the respondent's trademark 'GREEN DIAMOND' was a dishonest adoption of the petitioner's trademark 'DIAMOND', leading to confusion and passing off, warranting cancellation o....
Registration of a trademark can be revoked if it is found to be deceptively similar to a prior, distinctive mark, prioritizing consumer protection against confusion.
The court ruled that deceptive similarity between competing marks creates a likelihood of consumer confusion and supports injunction against the infringing party.
A well-known trademark is entitled to protection against identical and similar marks, as well as dissimilar goods, especially when registration is obtained in bad faith.
The court ruled that the marks 'RACIRAFT' and 'EsiRaft' are not deceptively similar, thus denying the plaintiff's claim for trade mark infringement and passing off.
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