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47. Thus the element of fraud, deception in passing off was considered the basic criteria to saddle with the liability for infringement of the trade name or mark. The degree of similarly between competing marks in appearance and suggestion, intent of actor in adopting his designation, relation in use and manner of marketing between good marketed by parties involved, and degree of care likely to be exercised by purchasers are again some of the determining factors.

48. In another case Parle Products (P) Ltd. vs. J.P. & Co. , wherein M/s Parley Products were owners of certain registered trade mark one of which was Gluco used on their half pound biscuit packets and another registered trade mark was a wrapper with its colour scheme, general get up and entire collection of words and the wrapper was used in connection with sale or their biscuits "Parle's Gluco Biscuits" printed on the wrapper and these products were being sold on extensive scale for many years. M/s J.P. & Co. Mysore, started manufacturing selling and using the wrappers in connection with the scale of their biscuits which was deceptively similar to Parle's trade mark. Though it was pleaded that there was a good deal of differences in the design of two wrappers manufactured by the alleged infringer from that of the plaintiff's wrapper in as much as that the infringer's wrapper contained the picture of a girl supporting with one hand a bundle of hay on her head and carrying a sickle and a bundle of food in the others, the cows and hens being unlike those of the plaintiff's wrappers, there was also said to be difference in the design of the buildings on the two wrappers and the words printed on the two wrappers were distinct and separate.