N Ranga Rao v. Anil Garg 2006 (32) PTC 15 (Del)
FACTS
The plaintiff has the TM ’Lia’ for agarbatti. The defendant started selling agarbattis by the name DIA with similar range of goods and packaging. The plaintiff bought suit for infringement of their TM and dilution.
ISSUE
Is there infringement of the plaintiffs TM?
HELD
Yes, the packaging and pricing is similar, the arrangement of the mark is like the plaintiffs- there is clear intent to pass off their goods as of the plaintiffs. Suit was in favour of the plaintiff.
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