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july 2018

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.

M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk ... · Niyam