In Brief
A Delaware-incorporated hotel chain holding international registrations for the trade mark "RENAISSANCE" in Classes 16 and 42 (goods and hotel services) sued respondents operating hotels under the name "SAI RENAISSANCE." The trial court found infringement; the High Court reversed, applying the reputation test from Section 29(4). The Supreme Court allowed the appeal, holding that because the marks and services were identical, Section 29(2)(c) with the statutory presumption of confusion applied, not Section 29(4). The Court also found infringement under Section 29(5) (using a registered mark as part of business name) and rejected the defence under Section 30(1) for failing to prove honest practices. Injunction granted; appeal allowed.
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