Question

The main complaint against the Defendant in the case excerpted above is that their mark is “...............” to the Plaintiff’s registered trademarks.

• A. reasonably close in expression
• B. same as
• C. different from
• D. deceptively similar
• A. should be the exact reproduction of the Plaintiff’s work/label
• B. looks similar to or like a copy or is reproduction of substantial part of the Plaintiff’s work
• C. bears no resemblance to the Plaintiff’s work/label
• D. should be created only by the Defendant or its authorised agents
• A. trademark
• B. tagline
• C. patent
• D. trade dress
• A. open, continuous, extensive, uninterrupted use and promotion for a long time
• B. owner waives rights over trademark and permits subsequent use of the mark
• C. reasonable parody, comment of a registered trademark
• D. use of trademark in good faith mainly for a descriptive purpose
• A. Misrepresentation of ownership of a trademark
• B. Infringement of an unregistered trademark
• C. Interference with exclusive right to use a registered trade mark
• D. Infringement of a registered trademark by use of an identical or deceptively similar trademark in relation to identical or similar goods
• A. usage has introduced differences or changes in the work
• B. usage is likely to cause confusion and deception amongst members of the trade and public
• C. usage of the work is authorised by the user or proprietor
• D. the trademark enjoys goodwill
• A. a civil wrong
• B. not actionable per se
• C. a criminal wrong
• D. violates fundamental rights
• A. no confusion or difference in essential features of the trademark
• B. waiver of right over trademark and permission for use of the mark
• C. invalidity of the registered trademark
• D. use of the trademark in good faith
• A. Academy of Motion Picture Arts v. GoDaddy.Com, Inc., (2015)
• B. Yahoo! Inc. v. Akash Arora and Another, (1999)
• C. Reckitt & Colman Products Ltd. v. Borden Inc., (1990)
• D. Coca-Cola Company v. Bisleri International Pvt. Ltd., (2009)
• A. honest and concurrent use
• B. acquiescence
• C. prior adoption and use
• D. fair use

Answer 1

The Correct Option is D

Step 1: Key fact from the case.
The Plaintiff alleged that the Defendant sold sealant products under the mark R-SEAL, which was “deceptively similar” to the Plaintiff’s registered trademark M-SEAL. Step 2: Legal standard applied.
The Supreme Court in Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd. emphasized that in comparing marks, focus should be on common features rather than differences, to determine likelihood of confusion. Step 3: Elimination.
(A) “Reasonably close in expression” is vague and not the standard term.
(B) “Same as” would require exact duplication, which is not alleged here.
(C) “Different from” is the opposite of the allegation. Thus, the legal characterization is “deceptively similar.” \[ \boxed{\text{D}} \]

Answer 2

Step 1: Standard for copyright infringement.
To prove infringement, the Plaintiff need not show exact reproduction. It is sufficient if the Defendant’s work reproduces the whole or a substantial part of the protected work — including visual similarity that would lead an average observer to conclude copying. Step 2: Application to the case.
The Defendant’s packaging, labels, and trade dress were alleged to be “almost identical or deceptively similar” to the Plaintiff’s M-SEAL products and labels, indicating reproduction of substantial parts. Step 3: Elimination.
(A) Incorrect — exact reproduction is not required; substantial similarity suffices.
(C) Incorrect — opposite of infringement.
(D) Incorrect — creation by the Defendant/agents is irrelevant unless copying is shown. \[ \boxed{\text{B}} \]

Answer 3

Step 1: Understanding the Plaintiff’s actual claims.
From the facts, the Plaintiff’s complaint is three-fold: Infringement of its registered trademark “M-SEAL.”
Infringement of its tagline/identification mark “PHATAPHAT.”
Infringement of its trade dress (overall packaging, label design, and artistic work).
Step 2: Identifying what is not included.
A patent is an intellectual property right for inventions and industrial innovations, unrelated to branding, marks, or packaging. The dispute here is about brand identity, not technological inventions. Step 3: Eliminating other options.
(A), (B), and (D) are directly part of the Plaintiff’s pleadings in the case. Only (C) stands outside the scope. \[ \boxed{\text{C}} \]

Answer 4

Step 1: Defining “prior use” in trademark law.
Under Indian and many common-law systems, the person who first uses a mark in the course of trade, and continues to use it without interruption, builds priority rights — even over later registered proprietors in certain disputes. Step 2: Elements of the test.
The prior use must be:
Open — visible to the public, not secret.
Continuous — no significant gaps or abandonment.
Extensive — used widely enough to acquire reputation.
Uninterrupted — free from long breaks that could weaken rights.
Promoted — marketing and advertising help establish goodwill.
Step 3: Eliminating incorrect options.
(B) describes waiver or licensing, which is unrelated. (C) is a defence (fair use by parody), not prior use. (D) is descriptive fair use, also unrelated. \[ \boxed{\text{A}} \]

Answer 5

Step 1: Statutory wording.
Section 29(1) of the Act states that a registered trademark is infringed by any person who, without authorisation, uses in the course of trade a mark which is identical with, or deceptively similar to, the registered mark in relation to goods or services covered by the registration.
Step 2: Key elements.
The Plaintiff’s mark must be registered.
The Defendant’s mark must be identical or deceptively similar.
Use must be in relation to goods/services for which the mark is registered.
Such use must cause or be likely to cause confusion.
Step 3: Eliminating incorrect options.
(A) Misrepresentation is relevant to passing off, not statutory infringement.
(B) Infringement provisions apply only to registered marks; unregistered marks are protected under passing off.
(C) “Interference” is vague and not the statutory test.
\[ \boxed{\text{D}} \]

Answer 6

Step 1: Essence of trademark protection.
A trademark’s primary function is to indicate origin. Infringement occurs when unauthorised use is likely to cause confusion or deception as to the source or affiliation of goods/services.
Step 2: Applying to prior user rights.
Even without registration, a prior user can restrain others from using similar marks if such use creates confusion among customers and traders. Step 3: Eliminating incorrect options.
(A) Changes in the work don’t matter if confusion still exists.
(C) Authorised use is not infringement.
(D) Goodwill alone doesn’t establish infringement — confusion is the key.
\[ \boxed{\text{B}} \]

Answer 7

Step 1: Understanding brand dilution.
Dilution protects famous marks from uses that blur their distinctiveness or tarnish their image, even without confusion or direct competition.
Step 2: Nature of remedy.
Dilution claims are civil in nature — the remedy is usually injunction and/or damages through civil courts, not criminal prosecution.
Step 3: Eliminating incorrect options.
(B) Incorrect — dilution is actionable under Section 29(4) of the TMA 1999.
(C) Incorrect — it’s not a criminal offence in India.
(D) Incorrect — it does not engage constitutional fundamental rights.
\[ \boxed{\text{A}} \]

Answer 8

Step 1: Meaning in IP law.
Acquiescence occurs when the proprietor of a trademark knowingly allows another to use the mark for a significant time without objection, implying consent and waiving the right to later challenge that use. 
Step 2: Legal effect.
The defence bars the proprietor from obtaining injunctive relief against the user, especially when the user has built goodwill relying on the proprietor’s inaction. 
Step 3: Eliminating incorrect options.
(A) No confusion is a separate defence based on absence of likelihood of confusion. 
(C) Invalidity challenges the registration itself. 
(D) Good faith use is another statutory defence, not acquiescence. 
\[ \boxed{\text{B}} \]

Answer 9

Step 1: Understanding the “Classical Trinity” in passing off.
Passing off is a common law remedy to protect goodwill from misrepresentation. The “Classical Trinity” refers to the three essential elements that must be proved:
Goodwill — The claimant must show reputation or goodwill attached to the goods/services.
Misrepresentation — The defendant must have made a misrepresentation likely to deceive the public into believing their goods are those of the claimant.
Damage — The claimant must have suffered, or be likely to suffer, damage as a result of the misrepresentation.
Step 2: Identifying the case.
These principles were firmly established by the House of Lords in Reckitt & Colman Products Ltd. v. Borden Inc. (1990), famously involving the “Jif Lemon” packaging dispute.
Step 3: Eliminating incorrect options.
(A) Academy v. GoDaddy — concerns domain name misuse.
(B) Yahoo! Inc. v. Akash Arora — relates to domain names and passing off in India but does not originate the “Classical Trinity.”
(D) Coca-Cola v. Bisleri — trademark infringement in India, not the source of the trinity test. \[ \boxed{\text{C}} \]

Answer 10

Step 1: Recognising statutory defences.
Under the Trademarks Act, 1999, certain recognised defences to infringement include: Honest and concurrent use — where two parties have used the mark honestly over time. 
Acquiescence — where the proprietor has knowingly allowed use over time without objection. 
Fair use — descriptive use or nominative use without implying origin. 
Step 2: Analysing “prior adoption and use.”
While prior use can give rise to rights (especially against later users), it is not framed as a statutory defence to infringement in the same way as the above. Prior use establishes an independent right — it doesn’t excuse infringement if the infringer’s use starts after another party’s registration and lacks lawful justification. 
Step 3: Eliminating other options.
(A), (B), and (D) are expressly recognised as defences. Only (C) is not “in itself” a statutory defence — though it can be relevant in priority disputes. \[ \boxed{\text{C}} \]