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Corn Products Refining Co. vs Shangrila Food Products Ltd. on 8 October, 1959

Neutral Citation Number : 2023/DHC/001444 has, in either case, to be viewed from the perspective of the same mythical gentleman of average intelligence and imperfect recollection, first invoked by the Supreme Court in Corn Products Refining Co. v. Shangrila Food Products Ltd3. The impression, created on the ―mind's eye‖ of such a gentleman is of the entire earlier mark, seen as a whole. The principle that composite marks are to be compared as a whole, unless individual parts thereof are registered separately, is a thread that runs through the Trade Marks Act. One cannot, therefore, extract, from the cited mark, only the word ―AVATHAR‖ in order to compare it with the appellant's mark. The marks are to be compared as a whole.
Supreme Court of India Cites 6 - Cited by 398 - Full Document
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