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ARTICLE · 09 FEBRUARY 2022

Credible Proof Required For Ascertaining The Likelihood Of Confusion

Khurana & Khurana, Advocates and IP Attorneys
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Trademark is an important part of the company's branding, it is important to safeguard the trademark and have effective protection.

IndiaIntellectual Property

Trademark is an important part of the company's branding, it is important to safeguard the trademark and have effective protection. One such current case was of Hard Candy which is a company that is involved in the industry of cosmetics. HARD CANDY mark was filed for trademark by the predecessor of the company in 1995. Since then, the company has been using the same trademark. The company further licenses its mark to another company called NuWorld Corporation which makes cosmetics products. These products are then exclusively sold in the Walmart stores, both online and physically. Hard Candy brought an injunction suit to prevent future infringement against Anastasia Beverly Hills, Inc., which is also a company involved in the cosmetics business. It announced a product called "Glow Kits" in December 2015. The kit included the phrase "hard candy" capitalized on the inside and the back of the pack. The maker testified that "she was aware of Hard Candy LLC, as a seller

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