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 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