1972 (1) TMI 98 - SC - Companies Law

Dismissal of a suit for an injunction restraining the respondent from infringing the registered trade mark of the plaintiffs used on packets of biscuits challenged Held that - The defendant had infringed the registered trade mark of the plaintiff and the suit of the plaintiff should be decreed and an injunction granted restraining the defendant-respondent from selling or using in any manner whatsoever biscuits in wrappers similar in appearance to the registered trade mark of the plaintiffs on their packets. Appeal allowed.

Summary

Issues:
- Infringement of registered trade mark
- Similarity between wrappers
- Deceptive similarity analysis

Infringement of Registered Trade Mark:
The case involved an appeal by special leave from a judgment of the Mysore High Court confirming the dismissal of a suit for an injunction restraining the respondent from infringing the registered trade mark of the plaintiffs used on packets of biscuits. The plaintiffs were manufacturers of biscuits and confectionery and owned registered trade marks, including the word "Gluco" and a specific wrapper design used for their biscuits. The plaintiffs claimed that the defendants were manufacturing, selling, and offering biscuits in a wrapper deceptively similar to their registered trade mark, constituting an infringement of their trade mark rights. The defendants denied the allegations, claiming differences in design elements and features of their wrapper compared to the plaintiffs' wrapper.

Similarity Between Wrappers:
The trial court examined the features of the two wrappers and concluded that there were greater dissimilarities than similarities, making it unlikely for the defendants' goods to be passed off as those of the plaintiffs. The High Court acknowledged the general similarity in the wrappers but emphasized distinguishing features and observed that the wrappers catered to a specific class of purchasers who would not be deceived due to noticeable differences. However, the Supreme Court disagreed with the High Court's analysis, emphasizing the legal framework governing trade mark infringement.

Deceptive Similarity Analysis:
The Supreme Court highlighted the legal provisions under the Trade Marks Act, 1958, regarding the exclusive rights of registered trade mark proprietors and infringement criteria based on deceptive similarity. The Court referenced previous case law to differentiate between passing off actions and infringement actions, emphasizing the statutory remedy available to registered trade mark proprietors for vindicating their exclusive rights. The Court emphasized that in infringement cases, close similarity between marks could establish violation of the plaintiff's rights without further evidence. The Court also cited expert opinion on trade marks, emphasizing that marks are remembered by general impressions rather than specific details, and variations in detail could still mislead customers.

In conclusion, the Supreme Court held that the defendants had infringed the registered trade mark of the plaintiffs due to the deceptive similarity between the wrappers. The Court decreed in favor of the plaintiffs, granting an injunction against the defendants from selling or using biscuits in wrappers similar in appearance to the registered trade mark of the plaintiffs.