...========================================================== STAAR SURGICAL COMPANY Versus JAGRAT NATVAR DAVE TRADING AS POLYMER TECHNOLOGIES INTERNATIONAL & ANR...

... + CS(COMM) No.855/2016, IA No.8365/2016 (u/O 39 R-1&2 CPC) & IA No.8366/2016 (u/O 26 R-9 CPC). STAAR SURGICAL COMPANY...present case is surgical implantable intraocular lenses. The marks of both the plaintiff and the defendants are composite marks i.e. both words and label marks. There is no resemblance between the...plaintiff and the defendants. The class of purchaser of such goods is highly skilled i.e. those who are competent to intrude into the human body and perform surgical procedure therein. Certainly there can...

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...Toubro Ltd. v. Lachmi Narain Traders (2008) 149 DLT 46 (DB), Staar Surgical Company v. Polymer Technologies International 2016 SCC OnL...Mahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd. (2002) 2 SCC 147 followed in Larsen and...v. Hub International Industries (2018) 249 DLT 572, The Financial Times Ltd. v. The Times Publishing House Ltd. (2016) 234 DLT 305 and judgment...

...CPC is by Defendant No. 1. The background to these applications is that the Plaintiff, Staar Surgical Company, is a company duly organised and existing under the laws of the State of Delaware having its...settled and summarised in National Sewing Thread Co. Ltd. v. James Chadwick & Bros. Ltd. [1953] 4 SCR 1028 as under:“The real question to decide in...Products Refining Co. v. Shangrila Food Products Ltd [1960] 1 SCR 968, the Court emphasised that “in deciding a question of similarity between two marks, the mark has to be considered as a whole.” In...

...(2008) 149 DLT 46 (DB), Staar Surgical Company Vs. Polymer Technologies...

....28. I have, for reasons given in detail in Staar Surgical Company Plaintiff v. Polymer Technologies International & Ors…. 4813 and in...Organics Private Limited; (iii) Mr. Nitin Khullar; (iv) Mr. Rakesh Rathour; (v) Mr. Mangat Rai; (vi) Mr. Raj Kumar Rathour; (vii) Mr. Raman Kumar; (viii) Mr. Vikram Rathour and (ix) Akash Rathour for (i...Class-01 since 2014; (v) RIOPL was set-up by the father of the plaintiff for manufacturing industrial chemicals and the said company started manufacturing a safety skin paste by the name of REINOL...

...is drawn to Staar Surgical Company Vs. Polymer Technologies International 2016 SCC OnLine Del 4813, The Financial Times Ltd. Vs. The Times...April, 2011 with the defendant having commenced using the same in April, 2015; (v) that in the suit as originally filed, the plaintiff had also sought to restrain the...Procter & Gamble Manufacturing (Tianjin) Co. Ltd. Vs. Anchor Health & Beauty Care Pvt. Ltd. 211 (2014...

...similarity/deceptive similarity, keeping in mind the perspective of a consumer with an ordinary intellect and a non-discerning eye. Reference can also be made to Staar Surgical Company v. Polymer...name, or its intended name, is calculated to deceive; (ii) B.K. Engineering Co. v. U.B.H.I. Enterprises (Regd.), 27 (1985...the plaintiff are referred to as emanating from ‘FILEX’; (v) that the plaintiff has a colossal portfolio of differentiated trade marks including well-known trade mark ‘SOLO’ in respect of the said...

...and a non-discerning eye. Reference in this regard can also be made to Staar Surgical Company v. Polymer Technologies International...) Parle Products (P) Ltd. v. J.P. & Co. (1972) 1 SCC 618 and Allied Blenders...(Tianjin) Co. Ltd. v. Anchor Health & Beauty Care Pvt. Ltd. (2014) 211 DLT 466 (DB) to contend that passing off action based on copying of trade dress may succeed, even when the trade marks are...

...(2008) 149 DLT 46 (DB) and Staar Surgical Company Plaintiff v. Polymer Technologies International &a...Infrastructure Ltd. v. Satya Infra & Estates Pvt. Ltd. 2013 SCC OnLine Del. 508. I have heard the counsel for the plaintiff.14. The case of the...applied to the Central Board of Film Certification (CBFC) with respect to a film with the title ‘NISHABD’; (v) that the defendant No. 2 Adlabs Films Ltd. had financed/invested in the said movie and the...

...to Staar Surgical Company Vs. Polymer Technologies International 2016 SCC OnLine Del 4813...began using it intermittently in respect of safety equipment, more particularly safety shoes; (v) this mark was adopted as the primary brand / mark by the plaintiffs during the year 2010, before...the mark " ; (iv) due to non-user of the mark " , the plaintiffs have no right thereto; (v) adoption of the mark by the defendants is honest and bona fide; (vi) the defendant no.4 has filed an...

..., keeping in mind the perspective of a consumer with an ordinary intellect and a non- discerning eye. Reference can also be made to Staar Surgical Company Vs. Polymer Technologies...as on the products itself and the goods of the plaintiff are referred to as emanating from „FILEX"; (v) that the plaintiff has a colossal portfolio of differentiated trade marks including well-known.... 16. Per contra, the counsel for the plaintiff has relied on (i) Laxmikant V. Patel Vs. Chetanbhai Shah...

...so, it has been held in Staar Surgical Company Vs. Polymer Technologies International 2016 SCC...in the year 2006 and of Rs.41 crores in the year 2010; (v) the plaintiff is also the owner of the domain names www.otrivin.com and www.otrivin.co.in, incorporating the trade mark „OTRIVIN"; (vi) the..., to prevent detection of the matter in the cause list by the defendants; (iv) the defendants" mark „BIOTRIVIN" is not deceptively similar to the mark „OTRIVIN"; (v) the defendant has been continuously...

...Bareilly Electricity Supply Co. Ltd. v. The Workmen AIR 1972 SC 330 followed in...Larsen & Toubro Ltd. v. Lachmi Narain Trades (2008) 149 DLT 46 and by me recently in Staar...Surgical Company Plaintiff v. Polymer Technologies International & Ors…. (to dismiss a suit in limine) held that whether there is a likelihood of deception or confusion arising, is a matter for...

...ordinary intellect and a non-discerning eye. Reference in this regard can also be made to Staar Surgical Company Vs. Polymer Technologies International...associated with substantial recall and attention; (v) that the plaintiff has exclusive common law and proprietary interest in the packaging, get up and trade dress of the products sold under the mark...' written in white letters on a red brown background; (V) that both have a golden line running through the length of the packaging; (VI) that both depict a platter with the biscuits and butter...

...Larsen & Toubro Ltd. Vs. Lachmi Narain Trades (2008) 149 DLT 46 and by me recently in Staar Surgical Compa...registration of mark Financial Times in Class 9 in name of FTL. v) Dismissed ORA/67/2007/TM/DEL whereby TPHL had sought cancellation of the mark FT in Class 16 in the name of FTL. W.P.(C....(C) Nos.2735/12, 2737/12, 2745/12 &3483/12 Page 10 of 61 (v) that though TPHL filed M.P. No.157/2010 in TRA/6/2005/TM/DEL for cross-examination of the...