...electrical goods. Despite the fact that ‘Bajaj’ is a personal name, the use of identical mark with respect to utensils will lead to passing-off. In the case of Daimler Benz Aktiegesellschaft v. Hybo Hindustan - AIR...Assistant Registrar as it would be sufficient for us to refer to the two judgments of the Delhi High Court in the case of Daimler Benz Aktiegesellschaft v. Hybo Hindustan - AIR 1994 Delhi 239 and Honda...and goods are that of the plaintiff and such user by the defendant is also diluted and deface the goodwill and reputation of the plaintiff. In the case of Daimler Benz Aktiegesellschaft v. Hybo Hindustan - AIR...

...brushes will lead to passing of, as the use of 7 clock with respect to blades is already well known in the mark.In AIR 1994 Delhi 239 Daimler Benz Aktiegesellschaft v. Hybo Hindustan the...High Court of Delhi held that the trade mark ‘BENZ’ was extensively used with respect to automobiles. The use of an identical mark ‘Benz’ with respect to undergarments will lead to confusion in the...market, although the manufacturers of Mercedes Benz cars were neither manufacturing nor selling garments or underwear apparels. The said judgement of the learned single Judge was confirmed by the...

...was never applied.20. In India, the law on dilution has developed through case law going back to Daimler Benz Aktiegesellschaft v. Hybo Hindustan AIR...Diamler Benz Aktiegesellschaft AIR 1994 Del 239 wherein the Court observed as under: (AIR p. 241, para 11)“11. … The boxes in...’ by the defendant of the abovesaid symbol.”The Court also observed in the said case that: (Daimler Benz Atkiegesellschaft case...

...the general public to think that the defendant is trading on behalf of the plaintiffs.8. In Daimler Benz Aktiegesellschaft v. Hybo Hindustan, A.I.R...1994 Delhi 239, the word ‘Benz’ was used for selling undergarments with the mark indicating ‘Benz’ used and shown in the undergarments. When the manufacturers...of the car ‘Benz’ sued for injunction, the defence was that the manufacturers cannot make a grievance because of the people who use the undergarments are different and the persons who use the Benz cars...

...minds of the public as if the first respondents are manufacturing such goods that are being manufactured by the appellants. He also relied upon the judgment of the Delhi High Court in Daimler Benz Aktiegesellschaft v. Hybo Hindustan, AIR...Benz Case and Honda Case, which were relied on by the learned counsel for the respondent. In the Diamler Benz Aktiegesellschaft v. Hybo Hindustan, AIR 1994 Delhi 239, familiarly known as the ‘Benz...Case’, the Delhi High Court held that the Trademark ‘BENZ’ was extensively used with respect to automobiles produced by the plaintiffs and the plaintiffs therein have built up a well reputation and...

...mark LUXOR. (See Daimler Benz Aktiegesellschaft v. Hybo Hindustan; Air 1994 Delhi 239...

...decisions of this Court in Daimler Benz Aktiegesellschaft v. Hybo Hindustan, AIR 1994 Delhi 239 and...Daimler Benz Aktiegesellschaft v. Hybo Hindustan, (supra) prevent use of Benz as a trade mark for under-garments even when Mercedes Benz was not itself...the pressure cookers manufactured by them. In the case of Daimler Benz (supra) the mark was being used by the defendants for sale of garments although the manufactures of Mercedes Benz were neither...

...already well known in the mark.10. In AIR 1994 Delhi 239, Daimler Benz Aktiegesellschaft v. Hybo Hindustan the High Court of Delhi held that the trade mark ‘BENZ’ was extensively used...with respect to automobiles.11. The use of an identical mark ‘Benz’ with respect to undergarments will lead to confusion in the market, although the manufacturers of Mercedes Benz cars...

...Daimler Benz Aktiegesellschaft v. Hybo Hindustan (1994) 14 PTC 287 in relation to another well known trademark “Benz” held that such names are different from other names — these are names which...the plaintiff having been made within the meaning of Section 29(4) also of the Act. Even independently of that, on the principles laid down in Daimler Benz (supra) and in Honda Motors, I find the case...have become household words — it was held that there would hardly be anyone conscious of automobiles who would not recognize the name “Benz” used in connection with cars. The defendant in that case...

....4.8. Daimler Benz Aktiegesellschaft v. Hybo Hindustan reported in AIR 1994 Delhi 239 wherein it is held that the trade mark namely three pointed star in circle/ring and the...word "Benz" is associated with name of world famous car "Benz" and the Defendant can be restrained from using it by way of injunction.4.9...

...though relates to different goods, cannot be registered in view of the judgment of the Delhi High Court in Daimler Benz Aktiegesellschaft v. Hybo Hindustan, 1994 (14) PTC 287 (Del).6. We...of the public as to the proprietor of the goods. We do not want to elaborate the principle except to refer the familiarly known ‘Benz case’ (AIR 1994 Delhi) in Aimler Benz Aktiegesellschaft v. Hybo...Hindustan, 1994 (14) PTC 287 (Del), wherein the learned single Judge held that the name ‘Benz’ as applied to a car has a unique place in the world and there is hardly one who is conscious of existence of...

....xxxxxxxxx18. This court, even prior to introduction of Section 29(4) in the 1999 Act had in Daimler Benz Aktiegesellschaft v. Hybo Hindustan (1994...) 14 PTC 287 in relation to another well known trademark “Benz” held that such names are different from other names - these are names...which have become household words - it was held that there would hardly be anyone conscious of automobiles who would not recognize the name “Benz” used in connection with cars. The defendant in that...

...Daimler Benz Aktiegesellschaft v. Hybo Hindustan, AIR 1994 Delhi 239.12. The plaintiff is thus entitled to injunction in terms of prayers (a...

...239, Daimler Benz Aktiegesellschaft v. Hybo Hindustan, the High Court of Delhi held that the trade mark ‘BENZ’ was extensively used with respect to automobiles. The use of an identical mark ‘Benz...’ with respect to undergarments will lead to confusion in the market, although the manufacturers of Mercedes Benz cars were neither manufacturing nor selling garments or underwear apparels. The said...

...Daimler Benz Aktiegesellschaft v. Hybo Hindustan, the mark was BENZ. . The adoption was held to be dishonest. This is very similar to this case, for there the foreign company had collaborated...with TATA. The learned judge held that no one can plead ignorance of the mark “BENZ”17. In 2003 (26) PTC 1 (Honda Motors Co...

...1994 Delhi 239, Daimler Benz Aktiegesellschaft v. Hybo Hindustan, popularly known as Benz case, where the use of the name of Benz which is associated with the automobile cars of the plaintiff was...

...Daimler Benz Aktiegesellschaft v. Hybo Hindustan AIR 1994 Delhi 239 was in the considered view of this Court, misplaced. In...Daimler Benz, there was a clear finding arrived at by this Court that a man with his legs separated and hands joined together above his shoulder all within a circle, gave a strong suggestion of the...link between the three pointed star of the "Mercedes Benz" car and the undergarment‟s sold by the Defendant. Further the infringing mark was used in conjunction with the word BENZ. The said decision is...

.... Daimler Benz Aktiegesellschaft v. Hybo Hindustan, AIR 1994 Del. 239...of the afore-noted decisions.29. In Daimler Bern's case (supra), the plaintiff was using the trade mark MERCEDES BENZ in relation to vehicles, whereas the defendant had started using...the trade mark BENZ in respect of undergarments. The Court granted injunction restraining the defendant from using the trade mark BENZ as well as “three pointed human being in a ring”. The judgment was...

...AIR 1994 DELHI 239 (Daimler Benz Aktiegesellschaft v. Hybo Hindustan). In that case, the defendant therein was using...239 (Daimler Benz Aktiegesellschaft v. Hybo Hindustan) and 1988 PTC 1 (Kmala Trading Co., Bombay v...the word ‘Benz’ in respect of their products like underwears. Hence, a suit was filed as against the defendant therein to restrain them from using the word ‘Benz’ with reference to underwears. In that...

...) Daimler Benz Aktiegesellschaft v. Hybo Hindustan, reported in AIR 1994 Delhi 239;(16...Dainler Benz Aktregesellschaft v. Hybo Hindustan (AIR 1994 Delhi 239) (supra) relied on by Mr. Tulzapurkar, has correctly held that the trade mark law is not intended...., reported in (1985) FSR 434;(12) Hindustan Pencils Pvt. Ltd. v. India Stationary Products Co...