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substantial reproduction of plaintiff's HAJMOLA
ANARDANA packaging and/trade dress in respect of their
colour combination ... identical to
and/or deceptively similar with the plaintiff's HAJMOLA
Anandana packaging/trade dress including its colour
combination, get up, arrangement of features
dispute before us with regard to the classification of the product
namely Hajmola Candy. Initially the appellant claimed the classification
of Hajmola Candy under chapter ... dated
25.03.1994 reported in 1994 (71) E.L.T. 1069 holding that Hajmola
Candy contains 25% active ingredients and 75% sugar merits
classification under chapter
That was a case in
which the plaintiff was using the mark „HAJMOLA‟ and the defendant was
using the mark „RASMOLA‟ for the same product
Sakila Bibi
2. Sher Mohammad Ansari @ Hajmola @ Badka @ Sher Mohammad
...... Petitioners
Versus
The State of Jharkhand & Ors. ...... Opposite Parties
CORAM
Sakila Bibi
2.Sher Mohammad Ansari @ Hajmola @ Badka @ Sher
Mohammad ..... Petitioners
Versus
The State of Jharkhand ..... Opp. Party
---------
CORAM: HON'BLE MR. JUSTICE ANANT
RASMOLA' and
'HAJMOLA' held to be deceptively similar.
vi) Frito - Lay India & Ors. Vs. Radesh Foods
