IP Case Digest · Trade Marks

M/s. Karnataka Cooperative Milk Producers Federation Limited v. Vinod Kanji Shah & Anr., (T)CMA(TM).No.112 of 2023

Case number
(T)CMA(TM).No.112 of 2023
Date of judgment
Judge
N. Anand Venkatesh
Outcome
Allowed

Headnote

Appeal allowed and an order dismissing an opposition set aside. Although the goods differed and an earlier Supreme Court decision on the same mark had gone the other way, the Court identified a distinguishing feature: the applicant had adopted the word without any prefix or suffix and had reproduced the appellant's style of writing it, all in small letters. Given the appellant's long-established reputation in the mark, the phonetic identity combined with the imitated styling made the mark deceptively similar, and a customer familiar with the appellant's mark would be misled.

Read the judgment (PDF)

Also listed as

  • M/s. Karnataka Cooperative Milk Producers Federation Limited v. Vinod Kanji Shah & Nitin Kanji Shah (Trading as Shalimar Agarbatti Company) & Anr., (T)CMA(TM).No.112 of 2023

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.