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

Excerpt:
- section 34: [d.k. deshmukh, s.j. vazifdar & j.p. devadhar, jj] court fee on petition under section 34 of the act bombay court fees act (36 of 1959), schedule i, article 3, schedule ii, article 1(f)(iii) held, according to article 3 of schedule i, on any plaint, application or petition or memorandum of appeal for setting aside or modifying an award, same court fee is payable as is payable on a plaint or memorandum of appeal under article 1. thus, when an award is challenged by a plaint, application, petition or memorandum of appeal, court fee is payable on ad valorem basis. but from this requirement of payment of court fee on ad valorem basis, article 3 excludes an application or petition or memorandum of appeal filed in civil or revenue court challenging any award made under the.....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.....