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🔍 Legal Insight: Decoding Trade Marks and Deceptive Similarity 🔍 In a recent case of Vasundhra Jewellers (P) Ltd. v. Vasundhara Fashion Jewellery LLP, a Single Judge Bench presented a fascinating analysis on trade marks and deceptive similarity. Let's dive into the key takeaways from this intriguing legal dispute! ⚖️ 🔹 Background: The plaintiff, Vasundhra Jewellers, and Defendant 1, Vasundhara Fashion Jewellery, both held registered trade marks 'VASUNDHRA' and 'VASUNDHARA' in Class 14 for jewellery products. The Court noted their phonetic identity but emphasized the significance of spelling and style differences in trade marks. 🔹 Deceptive Similarity: The Court opined that the marks, when compared as a whole, bear no deceptive similarity to each other. The additional 'A' in 'VASUNDHARA' distinguished it from 'VASUNDHRA', leading to a difference in writing style. 🔹 Approbation and Reprobation: The plaintiff's previous stand was crucial in the Court's decision. Having asserted distinctiveness to obtain registration, the plaintiff couldn't later claim deceptive similarity against Defendant 1. Consistency in assertions is vital. 🔹 Prima Facie Case: The plaintiff failed to establish a prima facie case for an interim injunction against Defendant 1. The Court considered the balance of convenience and long use of Defendant 1's marks since 2001. This judgment serves as a valuable guide for businesses navigating the complexities of trade marks and their protection. It highlights the importance of spelling, writing style, and consistent assertions in trade mark disputes. Legal professionals and businesses alike must stay vigilant when safeguarding their intellectual property, considering all aspects of trade mark distinctiveness and deceptive similarity. #LegalInsights #TradeMarks #IntellectualProperty #CourtDecision #LegalGuidance #BusinessStrategy #LinkedInLearning https://lnkd.in/dZeYmRrJ

What is Santa’s biggest cash inflow every year? 🎅🏼 💵 Find out in this video from Accounting Couture. Thanks for your support of our content! We love to show the fun side of accounting and are working on making more fashionable with our accounting themed merchandise 😃 #accountingandaccountants #financeandaccounting #christmas #etsy Sunderful Consulting

A Pattern mark is used to protect the pattern of any specific product. For a pattern to be registered, it has to show evidence of its uniqueness. A pattern mark is a type of trademark that consists of a repeating design or pattern rather than a word or phrase. Examples of pattern marks include the iconic Louis Vuitton checkerboard pattern or the Burberry pattern. #verumlegal #legalawareness #law #legal #trademark #patternmatk #innovationandlaw #burberry #louisvuitton

In a judgment titled “Vasundhra Jewellers Pvt. Ltd. Vs. Vasundhara Fashion Jewelery LLP & Anr.” the Hon’ble Delhi High Court while denying ad-interim injunction to the Plaintiff held that VASUNDHRA’ is a generic/common word and there are several registered trademarks with the mark ‘VASUNDHRA’ and therefore, no exclusive monopoly can be claimed on account of registration of the composite mark. Further, the Hon’ble Court held that high turnover of the plaintiff because of the products being of high value cannot be the determinant factor for establishing reputation. The Hon’ble Court, while relying upon Raman kwatra vs. Kei Industries Limited also held that the plaintiff cannot take a contrary stand to the one taken before the Registrar of Trademarks while getting the mark registered. Source- https://lnkd.in/dZUJ9Wcs #delhihighcourt #judgements #infringement #iprights #iplawyers #trademarklaw #cpc #orders #dhc #delhi #lexfons   Disclaimer: The above interpretation is our view which may differ.

Happy Friday! Let this video from Accounting Couture remind you that you are doing great! We appreciate the support of our content and love the positive feedback!! #accountingandaccountants #financeandaccounting #dogs #keepshining Sunderful Consulting

What is the valuation of Santa’s sleigh and everything inside of it? 🎅🏼 🛷 Find out in this holiday themed Accounting Couture video. Thanks for your support of our accounting content!! We hope you are having a wonderful holiday season!!! #accountingandaccountants #financeandaccounting #christmas #etsyseller Sunderful Consulting

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What does Ron have in common with customers who order Accounting Couture shirts? 🤔 When you try on the shirt you will also say “Come and see how good I look.” Thanks for supporting our content and our sweet assortment of accounting gear!!! #accountingandaccountants #financeandaccounting #etsyshop Sunderful Consulting