The Gillette Company Llc vs Tigaksha Metallics Private Ltd. & … on 9 July, 2018

17. A disclaimer in a trademark does not travel to the market
place. Hence, for the purpose of comparison of two marks, the
disclaimed portion can also be considered. Therefore, the
marks in the two registrations of the respondent with a
disclaimer can be considered as a whole even for infringement.
18. Concerning the rules of anti-dissection and comparing
dominant part, it is possible for both parts of a composite
trademark to be dominant. In the instant case, while the first
part of the respondent’s trademark (Officer’s) is dominant, we
need not decide the nature of the second part of the
respondent’s mark (Choice) since the second part is identical in
the appellant’s mark. Furthermore, even in the label
registrations of the respondent, at least the word mark ‘Officer’s
Choice’ is an essential feature of the labels as consumers would
refer to the respondent’s product by the word mark. Hence, we
proceed with comparing the first part of the two trademarks in

Source: Indian Kanoon

Leave a Reply