https://www.taxtmi.com/caselaws?id=197729 Use of a rival's distinctive trade name as the core of a trading style was held actionable where it was likely to mislead consumers as to source and divert trade; passing off succeeded because the parties competed directly and the plaintiffs' mark had acquired reputation. The same use of the word "Ellora" was treated as infringement of the registered mark because it appropriated an essential feature of the mark in relation to the goods and created confusion. An inquiry into and account of profits was refused, as that equitable relief is discretionary and was not warranted on the facts. en-us Fri, 19 Oct 1979 00:00:00 +0530 Sat, 13 Jan 2018 12:48:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197729 Use of a rival's distinctive trade name as the core of a trading style was held actionable where it was likely to mislead consumers as to source and divert trade; passing off succeeded because the parties competed directly and the plaintiffs' mark had acquired reputation. The same use of the word "Ellora" was treated as infringement of the registered mark because it appropriated an essential feature of the mark in relation to the goods and created confusion. An inquiry into and account of profits was refused, as that equitable relief is discretionary and was not warranted on the facts. Case-Laws Indian Laws Fri, 19 Oct 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197729