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As the Trademark Act do not set out fixed criteria for the concept of deceptive similarity, the plethora of judgments by Supreme Court and High Court does. According to judgments several principles are to be considered for deciding the scope of deceptive similarity such as Principle of phonetic and visual similarity, rule of entirety, test of ...

Learn how the concept of deceptive similarity is applied in Indian trademark law with a recent case of single malt whiskey brands. Find out how the court assessed the similarity of marks based on consumer perception and likelihood of confusion.

DOCTRINE OF DECEPTIVE SIMILARITY . Traditionally, likelihood of confusion as to the origin of a good or service was the only ground that resulted in infringement of the trademark. But as gradually the businesses evolved, there were some other grounds or factors also that caused infringement of one’s trademark and so a need was felt to have a ...

Interpretation and Scope of Deceptive Similarity. The concept of deceptive similarity has been discussed under Section 2(h) of the Trade Marks Act, 1999 as: “A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion.”

differences or similarities between their and theircompetitors’productswhichmayormay notbetrue.12 Butithasbeenmadepermissible to inform consumers and to enable them to makeawisedecision.Theyhavearighttomake an informed decision which is not possible without advertisement. Theyhave a right to know about the merits and demerits of a product.

The criteria for detecting deceptive similarity were established long ago by the Hon'ble Supreme Court in the matter of Cadila Healthcare Ltd v. Cadila Pharmaceutical Ltd. in 2001.

The court stressed that the probable impact on the ordinary consumer is what matters in evaluating deceptive similarity. In conclusion, the intention to deceive is not necessary to prove deceptive similarity in trademark cases. What matters is whether the mark could cause confusion, and once this is established, the defendant’s intent becomes ...

Abstract This article seeks to argue against the doctrine of dilution for adjudicating on infringement of well-known marks and explores the doctrine of deceptive similarity as a potential solution. It establishes that the doctrine of deceptive similarity, as used by the court before the introduction of the Trademark Act of 1999, is not enough to

Criteria for a court of law or tribunal for determining deceptive similarity: 1. The nature of the marks, whether the marks are words, labels or composite marks; 2. The degree of resemblance between the marks, phonetic or visual or similarity in idea; ... The doctrine of deceptive similarity is commonly used by the courts in trademark ...

The central test for determining deceptive similarity is whether the average consumer is likely to be confused about the origin of the goods or services because of the similarity between the marks. ... The doctrine of “deceptively similar” is essential in maintaining the integrity of trademarks and protecting consumers from confusion. It ...

This article delves into the intricate concept of 'deceptive similarity' under trademarks law, exploring its nuances and implications in the protection of intellectual property. 'Deceptive similarity' is a pivotal criterion in determining trademark infringement and plays a crucial role in safeguarding consumers from confusion. Through an in-depth analysis of legal principles, case law, and ...

Deceptive Similarity: Factors when comparing. Deceptive similarity does not turn on the comparison of the marks side by side but rather on the consumer perception and the likelihood of confusion. The fundamental elements when considering deceptive similarity are the nature of the trade mark and the type of goods or services for which ...

Hence, any trademark can be misused, and one of the way is to make a deceptively similar trademark. The term “deceptive similarity” has been defined under Section 2 (h) of the Trademark Act, 1999. Meaning, a kind of similarity between the marks which deceives general public that such mark is somehow related to the well-known trademark.

The doctrine of deceptive similarity is widely used in the Judicial Courts as the matters of Trademark Infringement. Trademark plays a vital importance in a business and its goodwill of high need for protecting the trademark from being misused and infringed. Judiciary has taken an interest in the matters of Intellectual Property Rights and its ...

This concept of deceptive similarity has been discussed in The Trade Marks Act, 1999 (“TM Act”) under Section 2(h) as: ... It is can be concluded from the above cases that the doctrine of deceptive similar does not have a fixed ambit. The cases involving this doctrine must be dealt with in consonance with the facts at hand the circumstances ...

The concept of deceptive similarity has been elaborately discussed in the Trade Marks Act, 1999 (hereinafter ‘Act’)under Section 2(h) which states that, “A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion.” Section 11(1)(a) of the Act, which states the relative grounds for refusal of ...

"Deceptive similar" is referred to as those trade marks who are similar or a look alike to an existing trade mark to deceive or to cause confusion to the consumers. ... DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882 . On 08 Jul 2020 Views:66609. A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)

The study of the different case laws discussed establishes the relevance of the doctrine of deceptive similarity in trademark infringement cases under the Indian intellectual property law and legal system. In the absence of a statutory definition and ascertained scope of this doctrine, its understanding solely relies on the various judicial ...

The doctrine of deceptive similarity is widely used in the Courts in matters of trademark infringement. Trademark being of vital importance in business and its goodwill it is of high need to protect it from misuse and infringement. Judiciary has taken a keen interest in matters of Intellectual Properties and several principles and guidelines ...