Trademark infringement under the Trademark Act 1999 generally
involves the issues of 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
being used by two parties. The plaintiff must show that because of
the similar marks, many consumers are likely to be confused or
mislead about the source of the products that bear these marks.
In Three-N-Products Private Ltd vs Emami
Ltd, 2009 (41) PTC 689, Three-N-Products Private Ltd.
was engaged in the business of manufacturing and sale of cosmetics,
lotions, hair oils, shampoos under the marks named
"Ayu" (on which registration had been obtained)
and "Ayur" (on which registration had not been
obtained). The cause of action arose when, Three-N Ltd., came to
know that Emami Ltd., uses the marks named "Himani
Ayurdhara" and "Himani Ayucare".
Against this Three-N-Products Private Ltd made an appeal on
