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N. V. ANJARIA, SAMIR J. DAVE
Apollo Parker Construction Equipments Pvt. Ltd. – Appellant
Versus
Ammann India Priavate Limited – Respondent
JUDGMENT :
[N.V. ANJARIA, J.]
1. Both these Appeals from Order preferred by the original defendants, arise from common order dated 17.0.2022 passed by learned 6th Additional District Judge, Commercial Court, Mehsana, below application exhibit 5 read with exhibit 5(A) in Trademark Suit No. 1 of 2021. The Appeals from Order were heard together and are treated for disposal by this common judgment.
1.2 By impugned order, the Commercial Court below granted injunction against the defendants-appellants herein restraining them from using trademark ‘Apollo’ or any identical or deceptively similar trademark for manufacturing, marketing, promoting, etc., the goods of the plaintiff as mentioned in paragraph 21 of the application and thereby restraining the defendants from infringing plaintiff's trademark ‘Apollo’.
1.2.1 Injunction was granted against the defendants-appellants also in respect of using the said trademark "Apollo" in respect of the goods in question, thereby, restraining them from committing the act of passing off by misrepresenting and causing deception amongst the purchasers and traders.
2. The appellants of Appeal from Order No. 51 of 2022 are Apollo Infratech Pvt. Ltd. and Patel
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
Point of Law : Section 27 of Trade Marks Act provides that no action for infringement will lie in respect of an unregistered trade mark.
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