Phonetic Similarity could be the ground for restraining the use of trademark

Future Bath Products Private Limited Vs Corza International & Ors. (Delhi High Court) Conclusion: The Delhi High Court observed that on the issue of phonetic similarity in the two trademarks, the test to be applied is of a man of “average intelligence and of imperfect recollection‟. To such a man, the overall structural and phonetic similarity and the similarity of the idea in the two marks is reasonably likely to cause a confusion between them. Facts: In present facts of case, the application has been filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the ...