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Similar trademarks for different items not breach of law

In M/S. NANDHINI DELUXE vs M/S. KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., the dispute before the Supreme Court pertains to the use of mark ‘NANDHINI’. 

The respondent adopted the aforesaid mark ‘NANDINI’ in the year 1985 and under this brand name it has been producing and selling milk and milk products. It has got registration of this mark as well under Class 29 and Class 30. The appellant herein, on the other hand, is in the business of running restaurants and it adopted the mark ‘NANDHINI’ for its restaurants in the year 1989 and applied for registration of the said mark in respect of various foodstuff items sold by it in its restaurants. The objections of the respondent on the ground that it is deceptively similar to the mark of the respondent and is likely to deceive  the  public  or  cause confusion were dismissed by the Deputy Registrar of the Trade Mark. The appeal of the respondent was allowed by the Intellectual Property Appellate Board and the subsequent writ filed by the appellant was dismissed by the High Court and therefore the approach to the Supreme Court.

The Supreme Court distinguished the products for which the deceptively similar trademarks were used. While 'Nandini' was for milk, milk products, cattle feed and other allied commodities, the 'Nandhini' trademark was for meat, fish, poultry, meat extracts, preserves, dried and cooked fruits and vegetables jams, eggs, milk and milk products, edible oils and fats, salad dressings etc. The court allowing the appeal held that The court said, "Nandini/Nandhini is a generic name, representing a goddess and a cow in Hindu mythology, and it is not an invented or coined word by anyone to the dispute.

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