Supreme Court of India · 2018-07-26
M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk ...
- Citation / case number
- AIR 2018 SUPREME COURT 3516
- Court
- Supreme Court of India
- Petitioner
- M/S. Nandhini Deluxe
- Respondent
- M/S. Karnataka Cooperative Milk ...
- Author
- A.K.Sikri
- Bench
- Ashok Bhushan, A.K. Sikri
Judgment text excerpt
The Supreme Court upheld the decision of the High Court of Karnataka which confirmed the cancellation of the appellant's trademark registration for 'NANDHINI' by the Intellectual Property Appellate Board (IPAB). The Court found that the mark 'NANDINI' had acquired distinctiveness and was well-known to the public as associated with the respondent, a Cooperative Federation of Milk Producers. The Court emphasized that the use of a deceptively similar mark by the appellant could lead to public confusion, thereby affirming the respondent's exclusive rights under the Trade Marks Act, 1999, particularly Sections 9 and 11.