https://www.taxtmi.com/caselaws?id=198168 Trade mark infringement is assessed by comparing the marks' essential features and overall structural, visual, and phonetic impression from the standpoint of an average purchaser with imperfect recollection. Applying that test, the comparison between "EASTERN STAR" and "ROYAL STAR" showed a shared dominant "STAR" element, which had acquired source significance for cycles and created a likelihood of confusion. The same principle was applied to the competing device marks: the star device was treated as the dominant feature, while differences in shape, border, crown, lettering arrangement, and supporting details were insufficient to avoid deceptive similarity. The analysis therefore supports infringement findings in favour of the registered proprietor and injunctive protection of both word and device marks. en-us Fri, 28 Apr 1972 00:00:00 +0530 Wed, 24 Jan 2018 15:26:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198168 Trade mark infringement is assessed by comparing the marks' essential features and overall structural, visual, and phonetic impression from the standpoint of an average purchaser with imperfect recollection. Applying that test, the comparison between "EASTERN STAR" and "ROYAL STAR" showed a shared dominant "STAR" element, which had acquired source significance for cycles and created a likelihood of confusion. The same principle was applied to the competing device marks: the star device was treated as the dominant feature, while differences in shape, border, crown, lettering arrangement, and supporting details were insufficient to avoid deceptive similarity. The analysis therefore supports infringement findings in favour of the registered proprietor and injunctive protection of both word and device marks. Case-Laws Law of Competition Fri, 28 Apr 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198168