Wednesday, October 13 2021   \  Published by ZeusIP Advocates LLP.

INDIA: Passing Off and Infringement - The importance of Dissimilarities

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

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