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(k) The decendent s of Jayantilal incorporated the Defenda nt- Company. The Defenda nt also has used the words "Parle Agro" in its corporate name.

It is accepted by both that each of them can use the word "Parle" for the specific products which each group was initially man ufact u ri ng or looking after. Hence the Plaintiff has no quarrel with the use of the word "Parle" by the Defenda nt in respect of its beverage products. The Defenda nt has no quarrel with the use of the word "Parle" by the Plaintiff in respect of confectioneries and biscuits. Each has however been nat ur ally using separate names / m a r k s / b r a n d s for each of their separate products as illustrated above.

15. If a third party were to man ufact u re toffees and include on its label the word "Parle" in any font he would, at once, be restrained by the Court from doing so. The Defenda nt's man ufact u re of the toffees coming from the Parle family as it does, is quite another matter. The Defenda nt certainly cannot use the precise mark of the Plaintiff since it is a separate legal entity. However only a reference to the word Parle, the tradem a rk that which both the parties enjoyed due to their lineage from the family of Parle, as has been done by the Defenda nt, is "stating no more than the trut h". Since the Defenda nt's product's name is entirely different, the words "Parle Confi" would at best include the additional trut hful information that it is a division, which is confectionery division, of the Defendant which is otherwise a beverage man ufact u ri ng Compa ny. As in the case of Anderson (supra) the words "Parle Confi" has merely the reference to the parent Compa ny which the Defenda nt calls a house name. But the fact that the corporate name of the Defenda nt is Parle Agro Private Limited, it makes it clear that it does not refer to the Plaintiff or the Plaintiff's businesses.

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" Manufactu red by Parle Agro Pvt. Ltd."

followed by the following in a little larger font:-

"[Jayantilal Group] - having no relationship whatsoever with Parle Products Private Limited."

43. The Notice of Motion is disposed of accordingly. No order as to costs.