https://www.taxtmi.com/caselaws?id=306589 An assignee of a registered trade mark may seek interim protection even while registration of the assignment remains pending, where prima facie title is shown and the assignment is not disputed by a better claimant. Deceptive similarity must be assessed by the overall impression of the marks and packaging, including visual and phonetic resemblance, colour scheme, and get-up, rather than by microscopic comparison of isolated differences. Applying that approach, the court found the defendant's mark and packaging deceptively similar and held that the plaintiff had made out a strong prima facie case for interim injunction, so interlocutory protection was granted pending trial. en-us Wed, 21 Mar 2012 00:00:00 +0530 Fri, 10 Feb 2023 12:13:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306589 An assignee of a registered trade mark may seek interim protection even while registration of the assignment remains pending, where prima facie title is shown and the assignment is not disputed by a better claimant. Deceptive similarity must be assessed by the overall impression of the marks and packaging, including visual and phonetic resemblance, colour scheme, and get-up, rather than by microscopic comparison of isolated differences. Applying that approach, the court found the defendant's mark and packaging deceptively similar and held that the plaintiff had made out a strong prima facie case for interim injunction, so interlocutory protection was granted pending trial. Case-Laws Indian Laws Wed, 21 Mar 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306589