Sony Kabushuki Kaisha v. Samrao Masker AIR 1985 Bom 327
FACTS
Samrao applies for registration of TM ’Sony’, which is opposed by the petitioners, stating that this will cause likelihood of confusion and/or deception among consumers.
ISSUE
Is there likelihood of confusion and infringement to the plaintiff’s mark?
HELD
Trade channels for sale are entirely different and there is no common field of activity, the class of consumers for both the products are entirely different and distinct.
Hence there would be no likelihood of confusion or deception.
NOTE – This view has not been followed in subsequent cases as according to the 1999 Trademark Act, identical/similar TM cannot be registered.
Video Summary https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3