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Here again we must remember that it is only things which are put forward prominently that catch the eye and remain in the memory. The details are forgotten or at most, may only be faintly recollected, but the general theme may impress the memory. For this purpose, we must also beat in mind that the bulk of the purchasers of the Bidis would be unlettered rustics to whom the lettering on the wrappers or the labels may be meaningless. It is only the bold motifs of the design and the colour combination that will impress on their minds. It would be too much to expect them to remember the exact details of the marks, letterings or numbers when there was a great overall similarity in the motifs and the colour combinations. Thus for example as pointed by Kerly on Trademarks a mark may represent a game of football; another mark may show players in a different dress and in very different positions; and yet as the idea conveyed by each might be simply a game of football, one may be held to be a colourable imitation of the other. In Re Barker's Trade Mark (1885) 53 LT 23, a firm of distillers registered as a trade mark for their Cherry Brandy, a hunting scene, in connection with the word 'sportman'. Some years afterwards another firm of distillers registered a trade mark consisting oil a hunting scene having no resemblance with the former and called his Cherry Brandy 'Huntsman Cherry Brandy'. Kays, J., notwithstanding the dissimilarity in the designs held that the latter trade mark was calculated to deceive."