Thursday, July 26, 2018

Similar trademarks for different items not breach of law: SC

In a landmark decision in the field of trademarks, the Supreme Court ruled on Thursday that it was no infringement of law if two distinctly different products were marketed by two different companies with “deceptively similar” trademarks. A decade-old trademark infringement case between Karnataka Cooperative Milk Producers Association, which has been marketing milk and milk products under the trademark ‘Nandini’ since 1985, and a group adopting the name ‘Nandhini’ for its restaurant and food products business in 1989, continued through the Registrar of Trademarks, Intellectual Property Appellate Board and Karnataka High Court. With the board and the HC restraining the restaurant chain from using the ‘Nandhini’ trademark, the battle shifted to the SC in 2015.

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