PARLE PRODUCTS (P) LTD. versus J. P. & CO. MYSORE

PARLE PRODUCTS (P) LTD. versus J. P. & CO. MYSORE

The overall similarity of the respondents' wrapper to the appellants' registered trade mark was such as to be likely to mislead an average purchaser, constituting infringement under the Trade and Merchandise Marks Act, 1958. The concurrent findings of the lower courts were not based on a proper appreciation of the...

Source-derived case information.

Parties
Appellant: Parle Products (P) Ltd.; Respondent: J. P. & Co. Mysore
Jurisdiction
India
Judgment Date
28 January 1972
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Decree of Mysore High Court in Regular First Appeal No. 170 of 1963
Outcome
Appeal allowed
Legal Topics
Trade Marks, Trade Mark Infringement, Passing Off, Trade and Merchandise Marks Act, 1958
Intellectual Property Law Trade Marks Trade Mark Infringement Passing Off Trade and Merchandise Marks Act, 1958

Source-derived case record

Summary, issues, holding and outcome

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Parties

Parle Products (P) Ltd.

Appellant

J. P. & Co. Mysore

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Decree of Mysore High Court in Regular First Appeal No. 170 of 1963

Legal Issues

  1. 1 Whether the respondent's wrapper is deceptively similar to the registered trade mark of the appellant under the Trade and Merchandise Marks Act, 1958.

Ratio Decidendi

The overall similarity of the respondents' wrapper to the appellants' registered trade mark was such as to be likely to mislead an average purchaser, constituting infringement under the Trade and Merchandise Marks Act, 1958. The concurrent findings of the lower courts were not based on a proper appreciation of the law regarding deceptive similarity.

Court Disposition

Appeal allowed

Orders

  • Decree in favour of the appellant.
  • Injunction restraining the respondent from selling or using biscuits in wrappers similar in appearance to the registered trade mark of the appellant.