Deceptive similarity in composite trademarks turns on overall commercial impression, not isolated word resemblance.
Holistic comparison of composite trademarks governs assessment of deceptive similarity, passing off, and interim restraint in trademark disputes. The marks were found to differ materially in spelling, visual presentation, device marks, colour scheme, trade dress, and associated branding, so that an ordinary consumer would not be misled as to source. Passing off requires misrepresentation and a likelihood of confusion, supported by credible material, and interim injunctions should not be granted on mere assertion of similarity. (AI Summary)
Holistic comparison of composite trademarks governs assessment of deceptive similarity, passing off, and interim restraint in trademark disputes. The marks were found to differ materially in spelling, visual presentation, device marks, colour scheme, trade dress, and associated branding, so that an ordinary consumer would not be misled as to source. Passing off requires misrepresentation and a likelihood of confusion, supported by credible material, and interim injunctions should not be granted on mere assertion of similarity. (AI Summary)
TaxTMI