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23 September 2014
The Delhi High Court recently decided a case in which it considered associative thinking of the consumer while comparing the plaintiff’s mark “Officer’s Choice” and the defendant’s mark “Collector’s Choice.”
While deciding an application for the grant of interim injunction, the Hon’ble High Court laid emphasis on the fact that the plaintiff was of the opinion that a ‘Collector’ was an officer and thus of the same genus.
It was also observed by the Court that the concepts, cues, experiences and the memories that a brand conjures up play an important part in determining whether the consumer will be likely to be confused.
The Hon’ble Court decided the case in favour of the plaintiff and restrained the defendant during the pendency of the suit from selling, distributing, advertising or otherwise dealing in goods bearing the mark “Collector’s Choice” or any mark/label similar or deceptively similar to the plaintiff’s “Officer’s Choice” or from doing anything leading to passing off their goods.
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