Haywards 5000
was found infringing Hayawards5000 Super Strong beer invoking
the imperfect memory of an average consumer and invoking the test
of the way/manner in which the mark would be remembered (vi) and
finally in Izuk Chemical Works (Supra) use of Superstar was
prima-facie found infringing Moonstar and device of star of the
plaintiff in that case.
(ii) Izuk Chemical Works vs. Babu Ram Dharam
Prakash, reported in 2007 (35) PTC 28 (Del.)
Trade mark "MOON STAR" and "SUPER STAR" were
held to be confusingly similar. In para-19 of the said
judgment, the Court also held that competing trademarks
HAYWARDS 5000 and HAYAWARDS 5000 also held to
be confusingly similar and even the use of numeral 5000
was held to be infringement of the plaintiff‟s rights.