The High Court of Delhi recently put forth that if dissimilarities between competing marks counterbalance the similarities, the same will prima facie negate the likelihood of confusion – which provides an interesting aspect of comparing marks when determining passing off and trade mark infringement.
In the case of Britannia Industries Ltd. vs. ITC Ltd. & Ors. [CS(COMM) 554/2020 and CS(COMM) 553/2020 of 05th April 2021], the court dismissed petitions of alleged trade mark infringement and passing off in favor of ITC Ltd., with regard to the following marks: Continue Reading