https://www.taxtmi.com/caselaws?id=233738 The defendant's use of a mark and trading name containing "SATYA" was found to infringe the plaintiffs' registered trade mark and constitute passing off because the plaintiffs proved prior use and registration, their evidence was unrebutted, and the competing marks, business fields and customer base were identical, satisfying the triple identity test. The court also found the defendant's mark shared the essential feature of the plaintiffs' mark, so liability under the Trade Marks Act, 1999 was established. On damages, the defendant's non-participation after appearance and the unrebutted record justified an award of monetary compensation, and the plaintiffs succeeded on both infringement and passing off. en-us Tue, 30 Apr 2013 00:00:00 +0530 Tue, 14 May 2013 12:34:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233738 The defendant's use of a mark and trading name containing "SATYA" was found to infringe the plaintiffs' registered trade mark and constitute passing off because the plaintiffs proved prior use and registration, their evidence was unrebutted, and the competing marks, business fields and customer base were identical, satisfying the triple identity test. The court also found the defendant's mark shared the essential feature of the plaintiffs' mark, so liability under the Trade Marks Act, 1999 was established. On damages, the defendant's non-participation after appearance and the unrebutted record justified an award of monetary compensation, and the plaintiffs succeeded on both infringement and passing off. Case-Laws Companies Law Tue, 30 Apr 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233738