Volume : III, Issue : X, October - 2013

Trademark Infringement – A Case Study From Indian FMCG Sector

Suvrashis Sarkar, Dr. Stephen D Silva

Abstract :

SM Dyechem obtained interlocutory injunction on claims of infringement and passing–off of its registered trademark PIKNIK for chocolates by Cadburys trademark PICNIC for similar goods. On appeal, the High Court vacated the injunction in Cadburys favour on finding that there was no infringement or passing–off . SM Dyechem subsequently appealed to the Supreme Court. The Supreme Court dismissed SM Dyechems appeal and clarified the law on infringement and passing–off and HELD: Cadburys filing of a rectification proceeding in the High Court after institution of the suit by the plaintiff, cannot preclude plaintiff SM Dyechem from interim relief. In trademark matters, it is now necessary to go into the question of comparable strength of the cases of either party, apart from the balance of convenience. Based on an examination of relative strength, it was decided that there is no infringement or passing–off and the High Court was right in refusing temporary injunction

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Article: Download PDF   DOI : 10.36106/ijar  

Cite This Article:

Suvrashis Sarkar, Dr. Stephen D�Silva / Trademark Infringement‾A Case Study From Indian FMCG Sector / Indian Journal of Applied Research, Vol.3, Issue.10 October 2013

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