trademark infringement

The defenses available in a Trademark infringement case can be: 

1. Fair use  2. prior use  3. Non use of the mark by registered proprietor 4. delay by plaintiff in bringing action etc. 

In this case the defense will be challenging. Defense can be taken like the following.

Firstly, it can be argued that there is no likelihood of confusion among the consumers. The distinct differences between the two products can be highlighted supported by a market survey to establish the point that such use of trademark is truly not making the customers confused.

Secondly, the use is in good faith and without the knowledge of any existing renowned brand.

Thirdly, it can be argued that the use of such terms are descripttive in nature and not a trademark which is allowed u/s 30(2)(a) of the Trademarks Act, 1999.

To conclude, there also lies a scope of meditation outside the Court between the parties and proposing of amending the disputed brand name.

Hope this answers your query. Thank you.