IP Case Law › Trade Marks › Hamdard National Foundation (India) & Anr. v. Sadar Laborato…
Relevant Acts and provisions
Code of Civil Procedure, 1908
Trade Marks Act, 1999
Provisions considered: Sections 2(1)(zg) and 29 of the Trade Marks Act, 1999, read with Order XXXIX of the Code of Civil Procedure, 1908.
Brief facts
The appellants, proprietors of the century-old trade mark ROOH AFZA used for a sweet beverage concentrate, sued the respondent for launching a competing sharbat under the mark DIL AFZA, alleging deceptive similarity, dilution and passing off.
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Keywords
Anti-Dissection Rule Composite Marks Deceptive Similarity Trade Dress Well-known Trade Mark
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