Havells India Limited & Another vs Mr. Vivek Kumar & Others on 30 April, 2016

“by intentionally copying the trademark of another
more established company, one company attempts
to attract potential customers based on the
reputation and name built up by the first user; the
older company. The danger here is not that the
sophisticated purchaser [in the oil trading market]
will actually purchase from Pegasus Petroleum
believing that he has purchased from Mobil [Oil
Co.], the danger is that the purchaser will be
misled into an initial interest in Pegasus
Petroleum based on a mistaken belief as to the two
companies’ inter-relationships [Mobil Oil
Corp. v. Pegasus Petroleum Corp., 229 USPQ
890] (17) (Emphasis supplied).

Source: Indian Kanoon

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