Vishnudas Trading As Vishnudas ... vs The Vazir Sultan Tobacco Company ... on 11 October, 1990
26.6. The nature and style of the business of the appellant and the
respondent are altogether different. Whereas the respondent is a
Cooperative Federation of Milk Producers of Karnataka and is
producing and selling milk and milk products under the mark
“Nandini”, the business of the appellant is that of running
restaurants and the registration of mark “NANDHINI” as sought
by the appellant is in respect of various foodstuffs sold by its in its
restaurants.”
8.2.This case has some similarity to the facts involved in both the cases cited
above. While in Vishnudas Trading Vs Vazir Sultan Tobacco Co. Ltd.,
case, the dispute was over the trademark Charminar, while one used
Charminar for cigarettes, the other used the trademark Charminar for other
tobacco products and both fell under the broad classification “manufactured
tobacco”, yet the Hon'ble Supreme Court has held that in the market they are
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https://www.mhc.tn.gov.in/judis
(T)CMA(TM)/191/2023
(OA/SR.195/2020/TM/CHN)
differently sold and the consumers will not be confused by the use of similar
mark.