https://www.taxtmi.com/caselaws?id=238046 Trademark infringement under Section 29 of the Trademarks Act was found on the basis of deceptive similarity between "OLD MONK" and "TOLD MOM". The Court applied the broad and essential features test, holding that microscopic comparison is irrelevant where the overall phonetic resemblance creates a likelihood of confusion. It further held that differences in excise classification between IMFL and country liquor, as well as trade-channel distinctions, did not defeat infringement once similarity of marks and goods was established. The overall get-up and label arrangement were also insufficient to dispel confusion, and the plaintiff's goodwill was likely to be harmed. Permanent injunctive relief was granted against use of the impugned mark or a deceptively similar variant for alcoholic beverages. en-us Thu, 10 Oct 2013 00:00:00 +0530 Tue, 15 Oct 2013 09:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=238046 Trademark infringement under Section 29 of the Trademarks Act was found on the basis of deceptive similarity between "OLD MONK" and "TOLD MOM". The Court applied the broad and essential features test, holding that microscopic comparison is irrelevant where the overall phonetic resemblance creates a likelihood of confusion. It further held that differences in excise classification between IMFL and country liquor, as well as trade-channel distinctions, did not defeat infringement once similarity of marks and goods was established. The overall get-up and label arrangement were also insufficient to dispel confusion, and the plaintiff's goodwill was likely to be harmed. Permanent injunctive relief was granted against use of the impugned mark or a deceptively similar variant for alcoholic beverages. Case-Laws Companies Law Thu, 10 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=238046