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ARTICLE · 09 MAY 2016

Trademark Infringement Case - London Dairy Vs. LondonDerry

S.S. Rana & Co.
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The Bombay High Court has recently refused to grant an injunction on trade mark infringement and passing off where the only basis for the application for injunction was the existence of phonetic similarity...

IndiaIntellectual Property

Article by Mrs. Lucy Rana & Ms. Aakriti

London Dairy's claim melts!

The Bombay High Court has recently refused to grant an injunction on trade mark infringement and passing off where the only basis for the application for injunction was the existence of phonetic similarity between the marks of the Defendants and the Plaintiff in International Foodstuffs Co LLC v. Parle Products Private Limited and Anr. (Notice of Motion No. 2624 of 2012 in Suit No. 2497 of 2012). The Bombay High Court observed that since phonetic similarity was the only basis of this action a strong prima-facie case has not been made out and there are not sufficient grounds to warrant an injunction in favor of the Plaintiff.

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