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Documents citing Chimanlal Narsaji Suhan vs Parasmal Mithalal Parmar & Another on 5 August, 1997

Yonex Kabushiki Kaisha vs Phillips International And Anr. on 20 August, 2007

2. The Division Bench of the Bombay High Court in Chimanlal Narsaji Suhan v. Parasmal Mithalal Parmar 1997 PTC (17) (DB) 729, observed that 'one cannot compare two trademarks by putting them side by side to find out similarities and differences in the two marks. What one has to see the overall impression which the trademark gives'. The Division Bench, under paragraph 6 at page 733, also made a reference to Kerly in Law of Trade Marks and Trade Names, 12th Edition paragraph 17-08 which states that 'two marks when placed side by side, may exhibit many and various differences, yet the main idea left on the mind by both may be the same. A person acquainted with one mark, and not having the two side by side for comparison, might well be deceived, if the goods were allowed to be impressed with the second mark, into a belief that he was dealing with goods which bore the same mark as that with which he was acquainted. Thus, for example, a mark may represent a game of football; another mark may show players in a different dress, and in very different positions, and yet the idea conveyed by each might be simply a game of football. It would be too much to expect that persons dealing with trade-marked goods, and relying, as they frequently do, upon marks should be able to remember the exact details of the marks upon the goods with which they are in the bahit of dealing. Marks are remembered rather by general impressions or by some significant detail than by any photographic recollection of the whole. Moreover, variations in details might well be supposed by customers to have been made by the owners of the trade mark they are already acquainted with for reasons of their own.'
Delhi High Court Cites 21 - Cited by 10 - A K Sikri - Full Document
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