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3.It came to the notice of the plaintiffs in or about November, 1970 that the defendants had adopted the trade name "Milkmade Corporation" and had put on the market biscuits and toffees, under their said trade name and/or mark "Milkmade". The plaintiffs complained that the said trade name and/or mark adopted by the defendants was both visually and phonetically nearly identical with and/or deceptively similar to the aforesaid trade marks and brand name "Milkmaid". The second plaintiff thereupon wrote to the defendants requiring them to desist from using the word "Milkmade" or any other similar word or mark in respect of their goods."

38. Shri Gulati has not been. able to substantiate his contention that toffee is merely condensing already condensed milk without more. The ingredients of toffee could be as noticed, above. His further contention that the buyers of the toffee of the defendants would, because of the name "milk-made" being used with reference to them, be led to think that these toffees are made out of the condensed milk prepared by Nestle's has not been prima fade established. The said view of the plaintiffs could not derive support merely from the fact that in the defendants' wrappers two bottles of milk are shown as being emptied in a glass tumbler; this alone without mere, cannot support the inference that the condensed milk of the plaintiffs was being used by the defendants. The plaintiffs/appellants have also not been able to establish prima facie that there is such a trade connection between the defendants' goods and the plaintiffs' trade mark. and the goods manufactured by them with the said trade mark as would constitute an infringement of the said trade mark."