Supreme Court · 1972 INSC 31 · Decided 28 January 1972

Parle Products (P) LTD. v. J. P. & CO. Mysore

Court
Supreme Court of India
Citation
1972 INSC 31 · [1972] 3 S.C.R. 289
Case number
CIVIL APPEAL No. 1051/1967
Decided
28 January 1972
Bench
G.K. MITTER, C.A. VAIDYIALINGAM, I.D. DUA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

H PARLE PRODUCTS (P) LTD. v. J. P. & CO. MYSORE January 28, 1972 289 [C. A. VAIDIALINGAM, I. D. DUA AND G. K. MITTER, JI.] Trade and Merchandise Marks Act, 1958, s. 2(d)-'Deceptivel.v si111i/ar'-Proper approach by court for deter111ining if one 1nark is decep­ tirely sin1ilar to another. dismissed by the trial. court and the High Court. Allowing the appeal to this Court, HELD: (I) Under the Trade and Merchandise Marks Act, 1958, a registe'red trade mark is infringed by a person who uses, in the course of trade, a mark which is identical with or deceptively similar to, the trade

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