2016 (4) ABR 705

Bombay High Court

Hon'ble Judge(s): G. S. Patel , J

(A) Trade Marks Act (47 of 1999) S. 29 — Infringement and passing off — Injunction — Plaintiff, registered proprietor of trade mark ' CARTER— S BLUE— — Plaintiff running restaurant under that mark as sole proprietor — Defendant started his rival business ' Mezbaan Carter— s Blue— — After injunction order of court defendant started using name and mark ' Carter— s Express— — However ' Carter— s Express— , when used in context of eatery is unacceptably similar to Plaintiff— s mark ' Carter— s Blue— — All that defendants seek to do is to pass off their business as being somehow connected to Plaintiff— s business — Plaintiff entitled to injunction in both infringement and passing off (Paras 24, 26, 27)