leading manufacturer of confectionery products, such as sugar boiled confectionery including toffees and they involved in the said business since 1952. In the year ... marketed by them. The children, who are the major consumers of the toffees, always associate the trade mark 'Lacto' only with that
JUDGMENT
The plaintiff, a leading manufacturer of confectionery products
particularly, toffees, chewing gum etc., under a trademark “LOTTE”, has
sued for injunctive reliefs ... India namely, Parrys Confectionery
Limited, which was a leading manufacturer of Toffees and Chocolates in
the year 2004. The name of the Company was changed
selling, offering for sale, advertising or in any other manner
dealing in toffees, chocolates, confectionery etc., or any other product
bearing an almost identical trademark ... COFFEE TOFFEE and / or
package, wrapper, container, carton, label with colour scheme, getup,
layout which are almost identical / similar to the essential features of
plaintiff
also engaged in production of confectionery items. The plaintiff's toffees include Candyman Fruitee Fun, Candyman Eclairs, Candyman Cofitino, Candyman Licks, Candyman Choco Double ... product of the plaintiff in as much as the picture of the toffee in the defendant's advertisement matches the colour scheme
ordinarily- carried on with the aid of power, namely -
(1) Boiled sweetts, toffees, caramels, ten per cent candies, nuts ( including sweeteing ad valorem almonds ... tthe items, we may read `confectttionery', namely -
"Boiled sweets, toffees, caramels, candies, nuts (including almonds) and fruit kermels coated with sweetening agent
achieved more than 100% of its installed capacity, as production
of toffees in the 4th year. Paragraph 3 of the said order of the Commissioner ... atleast 50% of installed capacity of CSL
3 Production of toffees by Lotte India in FY 2002- A 61,885
03, prior to amalgamation
court that the first respondent is only a contract manufacturer of toffee and candies. The first respondent also adopts the counter filed by the second ... amounts to passing off as there are several manufacturers of sugar boiled toffees/candies selling under the trade mark 'Lacto' as prefix/suffix
ordinarily carried on with the aid of power, namely -
1. Boiled sweets, toffees, ten per cent
caramels, candies, nuts ad valorem
(including almonds) and
fruit ... items, we may read "confectionery" namely:
Boiled sweets, toffees, caramels, candies nuts (including almonds) and fruit kernel, coated with sweetening agent and chewing
under Class 30 of the
NICE Classification, Trade Marks Act, 1999, including Toffee, chocolates,
confectionary products, by using any identical, similar or deceptively similar ... defendant
product or advertisement under the mark APPEAL DAIRY RICH for
Toffee, chocolates, confectionary products and chewing gum (non-
medicated) in any manner whatsoever
milkmade Corporation" and put in the market biscuits and toffees under the trade name "Milkmade". Interim injunction was refused to the plaintiffs ... condensed milk belongs to a different category from that of the toffee marketed by the defendants and on this ground the interim injunction was refused
