REGENT COMPUTRONICS PVT. LTD.

(M/S.) S. M. Dyechem Ltd. Appellant

V/S

(M/S.) Cadbury (India) Ltd. Respondents

Referred Judgements :-

COCA COLA CO. OF CANADA LTD. V. PEPSI COLA CO. OF CANADA LTD. [REFERRED .]
PARKER -KNOLL V. KNOLL INTERNATIONAL [REFERRED]
AMERICAN CYANAMID V. ETHICON LTD. [REFERRED]
FISONS LTD. V. E.J.GODWIN [REFERRED]
CADBURY -SCHWEPPES PTY LTD. V. THE PUB. SQUASH LTD. [REFERRED .]
SERIES 5 SOFTWARE V. DARK [REFERRED]
BARCLAY'S BANK INC V. R.B.S.ADVANTA [REFERRED .]
NATIONAL SEWING THREAD CO LIMITED CHIDAMBARAM THE REGISTRAR OF TRADE MARKS VS. JAMES CHADWICK AND BROS LIMITED:JAMES CHADWICK AND BROS LIMITED [REFERRED . BROADHEAD'S APPLICATION [(1950) 67 RPC 209 AT 215]]
REGISTRAR OF TRADE MARKS VS. ASHOK CHANDRA RAKHIT LIMITED [REFERRED .]
CORN PRODUCTS REFINING CO VS. SHANGRILA FOOD PRODUCTS LIMITED [REFERRED .]
AMRITDHARA PHARMACY VS. SATYA DEO GUPTA [REFERRED .]
KAVIRAJ PANDIT DURGA DUTT SHARMA IN BOTH THE APPEALS VS. NAVARATNA PHARMACEUTICAL LABORATORIES IN BOTH THE APPEALS [REFERRED .]
K R CHINNA KRISHNA CHETTIAR VS. AMBAL AND CO MADRAS [REFERRED .]
F HOFFMANN LA ROCHE AND COMPANY LIMITED VS. GEOFFREY MANNER AND CO PRIVATE LIMITED [REFERRED .]
RUSTON AND HORNSBY LIMITED VS. ZAMINDARA ENGINEERING CO [REFERRED .]
NATIONAL BELL CO GUPTA INDUSTRIAL CORPORATION VS. METAL GOODS MFG CO PRIVATE LIMITED:METAL GOODS MFG CO PRIVATE LIMITED [REFERRED .]
PARLE PRODUCTS PRIVATE LIMITED VS. J P AND CO MYSORE [REFERRED]
WANDER LIMITED VS. ANTOX INDIA PRIVATE LIMITED [REFERRED .]
POWER CONTROL APPLIANCES SUMEET RESEARCH AND HOLDINGS VS. SUMEET MACHINES PRIVATE LIMITED :SUMEET MACHINES [REFERRED .]
GUJARAT BOTTLING COMPANY LIMITED VS. COCA COLA CO [REFERRED]
N R DONGRE VS. WHIRLPOOL CORPORATION [REFERRED .]
COLGATE PALMOLIVE INDIA LIMITED VS. HINDUSTAN LEVER LIMITED [REFERRED .]
THE NATIONAL SEWING THREAD CO., LTD., CARRYING ON BUSINESS IN CHIDAMBARAM VS. JAMES CHADWICK AND BROS., LTD., A COMPANY REGISTERED UNDER THE ENGLISH COMPANIES ACT BY ITS DULY CONSTITUTED ATTORNEY, HARVY GODFREY [REFERRED . FOREIGN CASES REFERRED:]

JUDGEMENT

(1.) Leave granted.

(2.) In trade mark cases, the tension is between protectionism on the one hand and allowing competition on the other. In the late nineteenth century where law was regarded as a science, the legal formalists laid down principles and legal rules, treating trade mark as 'property'. In the beginning of this century, legal realists laid emphasis on pragmatic considerations of economic policies and "real world results" and the 'likelihood of confusion.' Of late, the tension between protectionism and competition has increased. (See Vol. 59 'Law and Contemporary Problems, 1996, No. 2 P. 5 at p. 14) (A Personal Note on Trade Mark etc. by Milton Handler).

(3.) This is a plaintiffs appeal against the judgment of the Gujarat High Court in A.F.O. 203 of 1999 dated 24-8-1999, by which the High Court of Gujarat allowed the appeal preferred by the respondent-defendant and set aside the temporary injunction which was initially granted on 25-2-1999 and which was confirmed on 23-3-1999. The injunction was sought by the appellant to restrain the respondent from using the word PICNIC as it allegedly amounted to infringement of the appellants' registered trade mark for the use of the word PIKNIK. The suit was on the basis of infringement of trade mark and also on the basis of passing off.

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S M DYECHEM LIMITED Vs. CADBURY INDIA LIMITED

Referred Judgements :-

JUDGEMENT

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