Search Results for Tag : Deception

International Cases

Likelihood of deception or confusion must be attributable to the resemblance of the marks themselves and not to extraneous matter(26.05.2022)

The Appellant, Open Horizon Ltd, had sought an order interdicting and restraining the Respondent, Carnilinx (Pty) Ltd, from infringing its PACIFIC tra.....

Tags : Infringement, Restraint, Deception

In passing off proceedings, the court must consider all extraneous factors in reaching a conclusion that confusion is likely(01.12.2022)

The dispute was about a shape of a water bottle. Since 2011, Tupperware has been selling a plastic bottle that has the shape of the registered mark, a.....

Tags : Passing off claim, Deception, Likelihood

Judgments

Lack of evidence depicting direct use of mark on products for the initial period does not debilitate claim of continuous usage of trademark, as a trade name also qualifies for trademark protection(28.05.2024)

Present petition has been brought under Sections 47 and 57 of the Trademarks Act, 1999 to cancel the registration of the trademark "WHITE BOY,", in fa.....

Tags : Registration, Prior use, Deception