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:

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