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Classification of Goods and Possibility of Confusion

Plaintiff and Defendant: The Plaintiff is the party who filed the lawsuit, and the Defendant is the party against whom the lawsuit was filed.

Trademark Dispute: The dispute arises from the use of similar trademarks by both parties. The Plaintiff holds a registered trademark for "Dengue Don" since 2006, specifically for household insecticides, mosquito coils, agarbatti (incense sticks), and liquid blue. Meanwhile, the Defendant is using a similar trademark, "Gargen Dengue Don," primarily for agarbatti, mosquito agarbatti, dhoop (another type of incense), and loban (a type of resin incense).

Trial Court Injunction: The Trial Court initially granted an injunction, which is a legal order that restrains a party from performing certain acts. In this case, it likely restrained the Defendant from using the trademark "Garden Dengue Don" due to its similarity to the Plaintiff's registered trademark "Dengue Don."

Appeal: The Defendant appealed the decision of the Trial Court, meaning they challenged the injunction.

Appellate Court Decision: The Appellate Court reviewed the case and dismissed the Defendant's appeal. The court's decision was based on the observation that the classification of goods and services, as defined in Section 7 of the Trademark Act, is not the sole criterion for determining similarity. Instead, the court considered factors such as the nature or composition of the goods, the trade channels, and the class of customers for these goods.

Reasoning for Dismissal: The court found that despite the goods being classified under different classes (Class-5 for household insecticides and Class-3 for agarbatti and related products), they share similarities in nature, composition, trade channels, and target customers. Therefore, there is a high likelihood of confusion among consumers between the Plaintiff's and Defendant's products, justifying the injunction.

The Appellate Court upheld the injunction against the Defendant, emphasizing the potential for confusion among consumers due to the similarities between the trademarks and the related goods and services offered by both parties.

Case Title: Samya International Vs Relaxo Domeswear
Order Date: 18.02.2024
Case No. Appeal from Order No.352 of 2021
Name of Court: Bombay High Court
Neutral Citation:2024:BHC-AS:3772
Name of Hon'ble Judge: Anuja Prabhudessai H.J.

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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