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ARTICLE · 24 JANUARY 2006

Deceptive Similarity – A Factor in Dilution of Trademark and Goodwill

A trademark is a visual symbol often created to distinguish ones own product in respect of visual appeal or efficacy from host of other identical and similar products to build up reputation and profits by skill, effort and enterprise in the course of time The whole concept of Trademark law is based upon business practice and competition.

IndiaLitigation, Mediation & Arbitration

Preface

A trademark is a visual symbol often created to distinguish ones own product in respect of visual appeal or efficacy from host of other identical and similar products to build up reputation and profits by skill, effort and enterprise in the course of time The whole concept of Trademark law is based upon business practice and competition. The Delhi High Court addressed this in ST. Ives Laboratories Inc. V. Indo Cosmesi Pvt. Ltd. 2005 (31) PTC 635 (Del) and Smithkline Beecham PLC & Another V. S.Venkataiah & Others 2005 (31) PTC 666 (Del).

ST. Ives Laboratories Inc., incorporated under the laws of the State of Delaware, United States of America is engaged in the business of manufacturing, distribution, sale and trade of cosmetic and toiletry products. To market and to give their products distinctiveness, the company conceived the trademark/word "ST.IVES" in the year 1978 and had been using it bonafidely, honestly, commercially, continuously and openly in course of the

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