https://www.taxtmi.com/caselaws?id=196568 In a passing off dispute over the mark "FLEXGRIP", the Court compared the parties' marks in their full commercial context, namely "LUXOR PAPER MATE FLEXGRIP" and "EKCO FLEXGRIP", rather than isolating the common word. It treated "FLEX" and "GRIP" as descriptive for writing instruments, noted the defendants' prior use in India since 1993, and found the plaintiffs' own Indian application described the mark as proposed to be used. Belated approach and insufficient proof of transborder reputation or likely confusion meant interim protection was not justified, and the ad interim injunction was vacated. en-us Fri, 03 Aug 2001 00:00:00 +0530 Thu, 07 Dec 2017 18:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196568 In a passing off dispute over the mark "FLEXGRIP", the Court compared the parties' marks in their full commercial context, namely "LUXOR PAPER MATE FLEXGRIP" and "EKCO FLEXGRIP", rather than isolating the common word. It treated "FLEX" and "GRIP" as descriptive for writing instruments, noted the defendants' prior use in India since 1993, and found the plaintiffs' own Indian application described the mark as proposed to be used. Belated approach and insufficient proof of transborder reputation or likely confusion meant interim protection was not justified, and the ad interim injunction was vacated. Case-Laws Indian Laws Fri, 03 Aug 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196568