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BOMBAY HIGH COURT
, J
Godrej Agrovet Limited v. Monsut Chem Industries
| Table of Content |
|---|
| 1. plaintiff claims trademark rights for 'bountee' with established market presence. (Para 1 , 2) |
| 2. allegations of infringement based on phonetic similarities and market observations. (Para 3 , 4) |
| 3. defendant's arguments based on uniqueness and prior use of 'montee' are observed. (Para 8 , 10) |
| 4. comparison of marks indicates deceptive similarity under the law. (Para 18 , 20) |
| 5. interim relief granted based on established case for infringement and passing off. (Para 24 , 25) |
1. The plaintiff has approached this Court by filing the present Suit and application for interim reliefs in the context of its registered trademark 'BOUNTEE', concerning its product, a plant growth regulator and bio - stimulant. It is stated in the plaint that the plaintiff has been selling the aforesaid product under the mark 'BOUNTEE' with its house mark Godrej since 20.09.1997. The plaintiff holds a registration certificate for the said trademark 'BOUNTEE', dating back to 24.03.1998. The said certificate records the type of the trademark as 'device mark' with a specific limitation to the effect that the registration of the device mark with the artistic depiction shall give no right to exclusive
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