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Supreme Court of India · 2018-07-26

M/S. NANDHINI DELUXE vs M/S. KARNATAKA COOPERATIVE MILK PRODUCERS FEDERATION LTD. REP. BY ITS MANAGING DIRECTOR

Citation / case number
SC 2015/18014
Court
Supreme Court of India
Petitioner
M/S. NANDHINI DELUXE
Respondent
M/S. KARNATAKA COOPERATIVE MILK PRODUCERS FEDERATION LTD. REP. BY ITS MANAGING DIRECTOR
Author
HON'BLE MR. JUSTICE A.K. SIKRI
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the Intellectual Property Appellate Board's order which cancelled the appellant's trademark registration for 'NANDHINI'. 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 appellant's use of the mark was likely to cause confusion among consumers, thus violating the provisions of the Trade Marks Act, 1999.

M/S. NANDHINI DELUXE vs M/S. KARNATAKA COOPERATIVE MILK PRODUCERS FEDERATION LTD. REP. BY ITS MANAGING DIRECTOR · Niyam