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may 2000

Supreme Court of India · 2000-05-09

M/S. S.M.DYECHEM LTD., MUMBAI vs M/S.CADBURY (INDIA) LTD., MUMBAI

Citation / case number
SC 1999/15785
Court
Supreme Court of India
Petitioner
M/S. S.M.DYECHEM LTD., MUMBAI
Respondent
M/S.CADBURY (INDIA) LTD., MUMBAI
Author
JAGANNADHA RAO
Bench
Y.K.SABHARWAL 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 appellant's claim of trademark infringement under the Trade Marks Act, 1999, was not substantiated as the respondent's use of 'PICNIC' did not lead to confusion among consumers. The Court upheld the Gujarat High Court's decision to set aside the temporary injunction, emphasizing the need for a balance between protecting trademarks and allowing fair competition.

M/S. S.M.DYECHEM LTD., MUMBAI vs M/S.CADBURY (INDIA) LTD., MUMBAI · Niyam