RUSTON & HORNSBY LTD. vs THE ZAMINDARA ENGINEERING CO.

The Supreme Court held that the addition of the word 'India' to the respondent's trade mark 'RUSTAM' did not distinguish it from the appellant's registered trade mark 'RUSTON', which was found to be deceptively similar. The Court clarified that in cases of infringement where the marks are similar, the likelihood of confusion is assessed similarly to passing off actions. The appeal was allowed, affirming the High Court's finding of deceptive resemblance and ruling in favor of the appellant for trade mark infringement under Section 21 of the Trade Marks Act, 1940.