N Ranga Rao v. Anil Garg 2006 (32) PTC 15 (Del):
Quick answer: what is this case brief about?
Delhi High Court ruled in favor of Ranga Rao (Lia) against Anil Garg (Dia) for TM infringement, citing similar packaging, pricing, and clear intent to pass off agarbattis:
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 brought 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:
Video Summary: https://www.youtube.com/watch?v=wedJHx8UNfQ&list=PL1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=5