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.