Confusing/ Deceptive Similarity

That recently in the matter of SUJATA CHAUDHRI IP ATTORNEYS Vs. SWARUPA GHOSH LAW CHAMBER Justice Prathiba M. Singh, Delhi High Court in on October 19, 2022 passed an order restraining SWARUPA GHOSH LAW CHAMBER from using the impugned SG logo as extracted below with effect from 1st January, 2023 which is confusingly/ deceptively similar to SC Device Mark of SUJATA CHAUDHRI IP ATTORNEYS.

The Plaintiff SUJATA CHAUDHRI IP ATTORNEYS adopted a distinctive SC Device Mark. The said device mark along with words SUJATA CHAUDHRI IP ATTORNEYS is registered in class 45 in respect of Legal Services including Intellectual Property Consultancy, Litigation, Legal Research, Licensing; Advisory And Consultancy Services Relating To Law, Including Intellectual Property Law.

The Defendant had adopted an almost identical logo containing an SG Device Mark along with the words SWARUPA GHOSH LAW CHAMBER for her law chamber – Swarupa Ghosh Law Chamber offering legal advisory services, particularly in the area of Intellectual Property Law which is identical to the services provided by the Plaintiff.

Owing to the confusing/ deceptive similarity between the two logos, the court was prima facie of the opinion that the Plaintiff has made out a prima facie case for the grant of interim injunction. Further the Court was also of the opinion that higher standards of probity would be expected, from lawyers and legal professionals especially IPR lawyers, inasmuch as there is a duty cast upon them to ensure that they do not imitate or adopt a name or logo which is already in existence or in use by another person or entity, offering similar services.

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