Supreme Court · 2000 INSC 312 · Decided 9 May 2000

S.M. Dyechem LTD. v. Cadbury (India) LTD.

Court
Supreme Court of India
Citation
2000 INSC 312 · [2000] SUPP. 1 S.C.R. 86
Case number
CIVIL APPEAL No. 3341/2000
Decided
9 May 2000
Bench
M. JAGANNADHA RAO, Y.K. SABHARWAL (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Trade and Merchandise Marks Act, 1958: Section 106-Trademark matters-Temporary injunction-Grant or C refusal of-Factors to be considered-Held: Apart from balance of convenience it is necessary to consider the comparative strength of the case of the rival parties before granting, or refuse to 105 and 106-Trademark-lnfringement of+- Temporary injunction-Grant of-Tests to determine-Essential features- Copying of-Burden of proof-Held: Onus to prove 'deception' is on the plaintiff-Sound of words forming a part of or the whole of the mark has to be considered-But when device marks a~e

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