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C. HARI SHANKAR
FDC Limited – Appellant
Versus
Faraway Foods Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. trade mark usage and ownership are key. (Para 1 , 2 , 3 , 4 , 5) |
| 2. claims of confusion based on mark similarity. (Para 6 , 7 , 8 , 9) |
| 3. arguments regarding usage and adoption of marks. (Para 10 , 11 , 15 , 16) |
| 4. court's analysis of prior usage and consumer confusion. (Para 17 , 18 , 19 , 20) |
| 5. distinction between infringement and passing off. (Para 21 , 22 , 23 , 24) |
| 6. criteria for granting injunctions in trademark disputes. (Para 25 , 26 , 27 , 28 , 29) |
| 7. importance of market context and consumer perception. (Para 30 , 31 , 32) |
| 8. conclusions on deception and likelihood of confusion. (Para 33 , 34 , 35 , 36) |
| 9. final conclusion on the lack of prima facie case for injunction. (Para 37 , 38) |
JUDGMENT
C. Hari Shankar, J. - By this order, I dispose of I.A. 18292/2019, preferred by the plaintiff FDC Ltd under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking interim injunction against the defendant M/s Faraway Foods Pvt Ltd, from manufacturing, marketing or selling products under the mark "MUMUM" which, it is alleged, is deceptively similar to the trade mark "MUMMUM", used by the plaintiff.
Rival Pleadings
2. The plaintiff claims to have coined
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