Factors Determining the Infringement of Trademark

Trademark infringement most commonly involves the issues such as likelihood of confusion; counterfeit marks and dilution of marks. Likelihood of confusion occurs in situations where consumers are likely to be confused or mislead about marks used by two different parties. This issue was brought forth for deliberation in the case Khurshid Ahmed Bhat v. Haji Bashir Ahmed Bhat 2010(42)PTC 248 (J& K) , which appealed an order by the Trial Judge, allowing temporary injunction. The case holds prominence since it reiterates that registration of a trademark is not the sole criteria to determine infringement of trademark.

Haji Bashir Ahmad Bhat claimed to be a proprietor of a small scale unit namely M/s Haji Bashir Ahmad Bhat and Sons involved in maufacturing, processing, packing and sale of tobacco and allied products (Naswar), with its head office located at Jamalata, Srinagar. Haji Bashir Ahmad Bhat further contended that Khurshid Ahmed Bhat had been maufacturing, storing