Sunder Parmanand Lalwani v. Caltex (India) Ltd AIR 1969 Bom 24
FACTS
The applicant wanted to register TM ‘Caltex’ for their watches (selling since 1.5 years).
Caltex (India) opposed this saying they were the proprietors of the mark ‘Caltex’ since 1937, and granting trademark to the applicants would deceive and/or cause confusion to the consumers.
The Deputy registrar ruled in favour of the applicant stating that the TM are identical but the goods and services are not identical. Appeal filed in court.
ISSUE
Whether the use of mark ‘Caltex’ was likely to deceive or cause confusion
HELD
The court held that the goods are different but other factors need to be considered to determine confusion/deception
Caltex is a well-known large company, capable of starting any new industry or trade. Granting TM to the applicant will result in likelihood of confusion.
(Remember the average consumer is imperfect man with average memory)
Hence the applicants were barred from using the TM Caltex.
Video Summary https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3