https://www.taxtmi.com/caselaws?id=233662 Deceptive similarity between a registered mark and an adopted mark can constitute trademark infringement where prior use and subsisting rights are established. Here, the plaintiff proved rights in GULABARI, and the defendant's use of GULVARI was found deceptively similar on unrebutted evidence, leading to a finding of infringement. Trade dress protection also extended to the plaintiff's distinctive pink, white and silver packaging scheme; the defendant's similar get-up, colour combination, cap and bottle size created a likelihood of consumer confusion and supported passing off. Injunctive relief was granted against use of the challenged mark and trade dress. en-us Thu, 02 May 2013 00:00:00 +0530 Tue, 07 May 2013 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233662 Deceptive similarity between a registered mark and an adopted mark can constitute trademark infringement where prior use and subsisting rights are established. Here, the plaintiff proved rights in GULABARI, and the defendant's use of GULVARI was found deceptively similar on unrebutted evidence, leading to a finding of infringement. Trade dress protection also extended to the plaintiff's distinctive pink, white and silver packaging scheme; the defendant's similar get-up, colour combination, cap and bottle size created a likelihood of consumer confusion and supported passing off. Injunctive relief was granted against use of the challenged mark and trade dress. Case-Laws Companies Law Thu, 02 May 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233662