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User traffic may be diverted due to the same or similar domain name, which can result in a user mistakenly accessing one domain name instead of the one intended. A domain name might, therefore, have all characteristics of a trade mark and could result in an act of passing off.
A customer of average intelligence and imperfect recollection, who comes across the plaintiff's Royal Green Whisky on a particular date and, later, comes across the defendant's Royal Queen product, will be confused between the two.
The Delhi High Court granted permanent injunction in favour of Google LLC for its mark “GOOGLE” and awarded Rs. 10 lakhs as damages to Google LLC which was to be paid jointly and severally by the defendants.
The Delhi High Court restrained the defendant from dealing in any goods, under the impugned trade mark ‘Lifelong’ or any other mark as may be identical to or deceptively similar with the plaintiff’s (Lifelong Online Retail (P) Ltd.) registered trade mark ‘Lifelong’, to cause infringement of the plaintiff’s trade marks.
Swiss Bike Vertriebs GMBH, a subsidiary of ACCELL Group filed a suit against Imperial Cycle Manufacturing Company for seeking permanent injunction restraining them from committing acts of trademark infringement and passing off with respect to the Swiss Bike’s mark ‘RALEIGH’ which was used for bicycles/cycles/bikes.
Delhi High Court: In a case filed by ITC Ltd. seeking protection of the trade mark ‘BUKHARA', the Single Judge
Delhi High Court: In a case where application was filed under Order 39 Rules 1 and 2 read with Section
Delhi High Court: In a suit for permanent injunction and damages for infringement of marks, passing off and unfair competition
Delhi High Court: While deciding a case in which an appeal was filed challenging the order passed by the Senior