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of <h1>Measuring tape company wins trademark case with permanent injunction against deceptive use of trademark.</h1> <h3>FMI Limited Versus MR. Ashok Jain and others</h3> FMI Limited Versus MR. Ashok Jain and others - TMI Issues:- Suit seeking permanent injunction against trademark infringement and passing off.Analysis:1. The plaintiff, a company manufacturing measuring tapes, sought to protect its trademark 'FREEMANS' against infringement and passing off. The trademark was registered in 1963 and 1985 for measuring tapes and allied goods. The plaintiff alleged that the defendants intended to use the trademark 'FREEDOM' for measuring tapes, causing confusion with the plaintiff's trademark.2. The plaintiff argued that the defendants' trademark was deceptively similar to theirs and constituted infringement and passing off. The defendants denied the similarity, claiming visual and phonetic differences between the trademarks. An interim injunction was granted in favor of the plaintiff, restraining the defendants from using the trademark 'FREEDOM.'3. Evidence was led by the plaintiff, including the deposition of the Joint Managing Director. The defendants were subsequently proceeded ex parte. The main issue was whether the defendants' trademark was deceptively similar to the plaintiff's and whether their actions constituted infringement and passing off.4. The plaintiff's counsel contended that both trademarks were inherently distinct, used for the same class of goods, and phonetically similar. Legal precedents were cited where similar trademarks were held to be deceptively similar by the courts.5. The judgment applied the test of deceptive similarity from legal precedents to determine that the defendants' trademark 'FREEDOM' was deceptively similar to the plaintiff's 'FREEMANS.' Considering the plaintiff's reputation built over five decades and global recognition, the court found the defendants' actions intentional to pass off their products as the plaintiff's.6. The court decreed the suit partially, granting a permanent injunction against the defendants from using the trademark 'FREEDOM' for measuring tapes. The injunction was based on the deceptive similarity between the trademarks and the defendants' intention to benefit from the plaintiff's goodwill. The suit was dismissed for damages due to lack of loss suffered by the plaintiff.7. The judgment highlighted the importance of protecting trademarks and preventing passing off in the market. The court's decision aimed to safeguard the plaintiff's brand reputation and prevent consumer confusion caused by deceptive similarities in trademarks.
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