Comparison of Rival marks has to be done as a whole and could not be dissected under Trademarks Act

Dolphin Mart Private Limited Vs Avenue Supermarts Limited & Anr (Delhi High Court) Conclusion: In present facts of the case, the Hon’ble High Court while considering the application under Trademarks Act have observed that it is well settled that a composite trademark is not to be dissected to determine whether there is any deceptive similarity with the impugned trademark and comparison has to be by taking the rival marks as a whole. Facts: In present facts of the case, the Plaintiff Company have the trademark d’mart Exclusif which includes home décor and gifting solutions to connoisse...