Facts:

• The Plaintiff, M/s. International Dog Bazar, owned by Virendra Sharma, had been trading in live animals and pet dogs since 1990, under the registered trademark "International Dog Bazar" (Registration No. 1819277, renewed until 18.05.2019) and was recognized by its logo "IDB". The firm claimed to have pioneered this business in India, establishing significant goodwill and a secondary meaning in the market through extensive promotion and its website www.internationaldogbazar.com.
• The Defendant, M/s. International Dog World, operated under a similar trade name and used the abbreviation "IDW", with a website www.internationaldogworld.com.
• The case was filed before the Trial court under Sections 27(1) and 134 of the Trade Marks Act, 1999, by the Plaintiff alleging trademark infringement and unfair competition by the Defendant, who was accused of adopting a deceptively similar trade name and abbreviation to leverage the plaintiff's market reputation.
• The Trial court denied the grant a temporary injunction, hence the present appeal was filed before this court.

Background:

The Plaintiff-Appellant had approached the Hon’ble Rajasthan High Court against the order dated 02.07.2015 by Additional District Judge No.17, Jaipur Metropolitan, which had rejected their request for a temporary injunction against the Defendant-Respondent. (Page 1)

Main issue:

Whether there was deceptive similarity between the marks?