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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, J
Hygienic Research Institute Private Limited – Appellant
Versus
Chandan And Shah Trading Llp – Respondent
ORDER
. The plaintiff also claims that the defendants are indulging in passing off their products as those of the plaintiff by using the aforesaid impugned trademark.2. The plaintiff claims that the leading and essential feature of the impugned mark i.e. the word “STREAK” is identical / deceptively similar to the registered trademark “STREAX.” Since the defendant No.1 partnership firm, of which defendant No.2 is a partner, is also in the business of hair care products, including hair extensions and curly hair extensions, according to the plaintiff, there is every likelihood of confusion in the minds of the consumers. This not only dilutes the registered trademark of the plaintiff, but it also adversely affects the huge amount
The court affirmed that the plaintiff's registered trademark "STREAX" is distinctive and has acquired goodwill, while the defendants' mark "STREAK" is deceptively similar, justifying an injunction ag....
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
The court emphasized the importance of prior and extensive use of trademarks, substantial investment in promoting the marks, and the potential for confusion in determining trademark infringement and ....
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The expression 'HAIR SPA' is regarded as a generic term, descriptive in nature and hence not capable of exclusive trademark protection, preventing claims of infringement.
Intellectual of Property Law - Infringement of Registered Trade mark - Plaintiffs has not applied for their trademark to be treated as a well known trademark in terms of Rule 124 of Trade Marks Rules....
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