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Godrej Sara Lee Ltd. Vs. Knight Queen Industries Pvt. Ltd. - Court Judgment

SooperKanoon Citation
SubjectIntellectual Property Rights
CourtMumbai High Court
Decided On
Case NumberAppeal No. 745 of 2006 in Notice of Motion No. 170 of 2005 in Suit No. 24 of 2005
Judge
Reported in2007(34)PTC365(Bom)
AppellantGodrej Sara Lee Ltd.
RespondentKnight Queen Industries Pvt. Ltd.
Appellant AdvocateSalil Shah and ;Deepa Hate, Advs., i/b., Gajaria & Co.
Respondent AdvocateKiran Mehta, Adv., i/b., G.S. Hegde and V.A. Bhagat, Advs.
DispositionAppeal dismissed
Excerpt:
.....is payable according to article 13 of schedule ii of the bombay court fees act. - 2. the counsel for the appellant strenuously urged that letters and the fonts in the label at v, continue to be closely similar to the appellant's label 'good night'.3. we are unable to agree with the counsel for the appellant......or closely similar to the plaintiffs trade mark and copyright. as a matter of fact, the label at 'y' has a different colour scheme. instead of red background, it has green background. letter 'k' in label at 'y1 is so designed that it gives an impression of mosquito attached to it. the font 'k' in the appellant's trade mark word 'knight' is distinct and dis-similar to the font 'k' in the defendants' trade mark. besides that the word 'knight' in the plaintiffs label has a different look than the word 'knight' appearing on the defendants' label at 'y'.4. in this view of the matter, the impugned order does not call for any interference. appeal is dismissed in limine.
Judgment:

1. We heard the counsel for the Appellant.

2. The counsel for the Appellant strenuously urged that letters and the fonts in the label at V, continue to be closely similar to the Appellant's label 'Good night'.

3. We are unable to agree with the counsel for the Appellant. The Label at 'Y' which the defendants have undertaken to use for their mosquito coils and electrically operated apparatus, cannot be said to be exactly identical or closely similar to the plaintiffs trade mark and copyright. As a matter of fact, the label at 'Y' has a different colour scheme. Instead of red background, it has green background. Letter 'K' in label at 'Y1 is so designed that it gives an impression of mosquito attached to it. The font 'K' in the Appellant's trade mark word 'Knight' is distinct and dis-similar to the font 'K' in the defendants' trade mark. Besides that the word 'Knight' in the plaintiffs label has a different look than the word 'Knight' appearing on the defendants' label at 'Y'.

4. In this view of the matter, the impugned order does not call for any interference. Appeal is dismissed in limine.


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