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may 2000

Supreme Court of India · 2000-05-09

M/S S.M. Dyechem Ltd vs M/S Cadbury (India) Ltd

Citation / case number
AIR 2000 SUPREME COURT 2114
Court
Supreme Court of India
Petitioner
M/S S.M. Dyechem Ltd
Respondent
M/S Cadbury (India) Ltd
Author
M. Jagannadha Rao
Bench
M.J.Rao

Judgment text excerpt

The Supreme Court addressed the conflict between trademark protection and competition in the context of a dispute over the trademarks 'PIKNIK' and 'PICNIC'. The Court held that the plaintiff's claim of infringement under Section 29 of the Trade Marks Act, 1999, was not substantiated as the defendant's use of 'CADBURY'S PICNIC' did not create confusion among consumers. The Court upheld the Gujarat High Court's decision to set aside the temporary injunction, emphasizing the need for a clear likelihood of confusion for trademark infringement claims.

M/S S.M. Dyechem Ltd vs M/S Cadbury (India) Ltd · Niyam