almost 9 years ago
The Court, while referring to section 29 (4) of the Trade Marks Act, 1999, recognized the essentials for dilution as under: (1) The impugned mark must be identical or similar to the injured mark; (2) The one claiming injury due to dilution must prove that her/his mark has a reputation in India; (3) The use of the impugned mark is without due cause; (4) The use of the impugned mark (amounts to) taking unfair advantage of or is detrimental to, the distinctive character or repute of the registered trademark.