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The nature and size of the product in the Samsonite case would require to be borne in mind. Before this court, the product is chocolate tablets sold in packaging valued as Rupees One only. Certainly the considerations which would require to be gone into examination of the suitcase as against chocolate tablets would be different.

42. In yet another case reported at AIR 1972 SCR 1359 Parle Products (P). Ltd. v. J.P. & Co., Mysore the plaintiff was the manufacturer of biscuits and confectionery and owner of certain registered trademarks. One of them was the word "Gluco" used on their half pound biscuit packet. Another registered trademark of theirs was the wrapper with its colour scheme, general set up and entire colloconation of words registered under the Trademarks Act, 1940. They had filed an action for infringement of their registered trademark against the defendant on the allegation that they discovered in March, 1961 that Page 1613 the defendants were manufacturing, selling and offering for sale biscuits in a wrapper which according to them was deceptively similar to their registered trademark. The trial and the appellate court held against the plaintiff. In the appeal before the apex Court, the court placed reliance on its earlier pronouncement in Durgadutt v. Navratra Laboratories (supra) and in Kerly's Law of Trademarks at Trade (9th Edition paragraph 838) and held thus: