HC restrains an entity from infringing ‘Pulse’ candy’s trademark
Plaintiff claims that the defendant is manufacturing and selling fruit candies, albeit, under a mark i.e. ‘Pluss+’ which is deceptively similar to the plaintiff’s registered trademark i.e. ‘Pulse’
PremiumNEW DELHI : The Delhi High Court has restrained an entity from infringing the trademark of a company manufacturing fruit candies under the trademark ‘PULSE’.
“In the meanwhile, till the next date of hearing, the defendant, its agents... are restrained from manufacturing, selling, offering for sale, and advertising, directly or indirectly, the subject product i.e. fruit candies by using the infringing trade mark and/or packaging or any other packaging and/or trademark which bears a deceptive resemblance to the plaintiff’s trademark and/or packaging," the court order reads.
The next date of hearing is on 30 June.
It was the plaintiff’s claim that the defendant is also manufacturing and selling fruit candies, albeit, under a mark i.e. ‘Pluss+’ which is deceptively similar to the plaintiff’s registered trademark i.e. ‘Pulse’. It was also asserted that the trade dress, colour and get up are also deceptively similar to the plaintiff’s packaging.
The plaintiff claimed that it is in the business of manufacturing fruit candies. Therefore, it was claimed by the plaintiff that the defendant is causing confusion as to the source of its product.
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