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=PL1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3