K. R. Krishna Chettiar v. Sri Ambal & Co AIR 1970 SC 146
FACTS
The appellant filed for TM registration of the words ‘Sri Andal’ Madras Snuff with a depiction of goddess Sri Andal.
The respondent's marks included the words “Sri Ambal” with a goddess Sri Ambal.
Sri Andal and Sri Ambal were distinct deities but the names sound similar.
The registrar of TM observed that in a composite mark the distinctive words appearing on it play an important part.
ISSUE
Whether the proposed mark is deceptively similar to the respondent's registered marks, as per the Trade and Merchandise Marks Act, 1958?
HELD
The marks were deceptively similar and would lead to likelihood of confusion among consumers.
The marks are looked at as a whole, with the picture of the goddess and the name, and also how they sound.
So despite them being different deities altogether, the names sounding similar is a significant thing, especially cause not all consumers are Hindu or can differentiate b/w the two. [ Average consumer is a moron in a hurry].
Hence the defendant was barred from using this TM.
Video Summary https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3