Deceptive Similarity Between Trademarks In Vernacular Script

Anchor Electronics and Electricals Pvt. Ltd and Encore Electricals Ltd are at loggerheads in the instant case.¹ Encore sought an appeal against the interlocutory order granted in the suit instituted by Anchor for infringement and passing off its trademark.

The significance of the decision lies in the approach of the Court looking at and interpreting the deceptive similarity between the marks 'Encore' and Anchor'. The Court refuting the defense that 'Encore' is a word having its origin in French word said that it is consciousness of the fact that both the marks are used in the Indian market and it is a consumer in India whose observation and assessment must guide the decision making. The Court stressed on the situation that manner in which the rival marks would be ordinarily pronounced and the manner in which the marks would be written in Indian languages constitute an important indicator of