Legal Cases

Khanna Polymers Versus Bairathi Shoes Company Private Limited 2011(45) PTC 572

Decided: 31.12.2010.

Trade Marks Act, 1999, Section 134 - Defendant started using trademark 'Berati' whereas the plaintiff was using the trade mark 'Bairathi' since 1980 - There is a phonetic similarity between both the marks - Therefore, a prima facie case of infringement is made out by the plaintiff - Interim injunction rightly granted against the defendant by the trial Court - Appeal dismissed

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G.D. Bansal & Associates

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