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A. P. THAKER
Axpert Enterprise – Appellant
Versus
Maulik Navinvhandra Patel – Respondent
ORDER :
1. Being aggrieved by the order dated 20.9.2021 passed below Exh-5 in Trade Mark Suit No.1 of 2021 by the learned 3rd Additional District Judge, Gandhinagar, whereby the application filed by the appellant for obtaining interim injunction came to be rejected, the original plaintiff has preferred the present Appeal from Order under Order 43 Rule 1(r) of the Code of Civil Procedure.
2. The appellant is the original plaintiff and respondent is the original defendant before the trial Court. For the brevity and convenience, the parties are referred to in this order, as per their status before the trail Court.
3. The short facts as emerges from the record is as follows:
The main legal point established is the protection of registered trademarks under the Trade Marks Act, emphasizing the exclusive rights of the registered proprietor, infringement of trademarks, and t....
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.
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