Parley Products v. J P & Co (1972) 1 SCC 618
FACTS
The plaintiff was manufacturer of biscuits with a registered trademark on their wrapper. The defendant started selling biscuits in a wrapper that was deceptively similar to their registered TM. Parle filed suit.
ISSUE
Does this constitute TM infringement?
HELD
District Court – there were greater points of dissimilarity than similarity and hence no infringement
High Court – The consumers of biscuits were generally people from upper classes and could distinguish between the design differences- the color themes were same, but the names were diff and hence no infringement.
Supreme Court-
the similarity could not be a co-incidence.
Parle products have goodwill and reputation in the market.
Hence there was infringement.
It is important to note that the courts do not proceed to review the respective trade marks in isolation, but take into consideration the actual brand value and goodwill that a mark carries along with the implications that a potential infringement may have on its reputation.
Video Summary https://www.youtube.com/watch?v=tazZvmBxCjg&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=4