Malhotra International (Pvt.) Ltd. v. Anglo Asian Distributors Ltd. and Another – sllr 2000 volume 3 page 116

In the case between Malhotra International (Pvt.) Ltd (Plaintiff-Appellant) and Anglo-Asian Distributors Ltd and another (Defendant-Respondents), the court addressed whether the registration of a trademark deceptively resembling the appellant’s mark “TOPAZ” constituted unfair competition under Section 142 of the Intellectual Property Act. It was held that a determination of unfair competition requires examination not only of the form in which the mark is applied for, but also of its actual use and the likelihood of deception or confusion. The findings established that both the Registrar and the High Court erred by failing to consider the genuine use of the mark and attributed excessive weight to mere application forms. The prior decisions were set aside, and the registration of the dispute