The National Sewing Thread Co., Ltd., ... vs James Chadwick And Bros., Ltd., A ... on 9 December, 1947
Snelling Lampard & Co. (1900) 17 RPC 48 that it is a
misconception to refer to the confusion that can be
created upon an ignorant customer. The kind of
customer that the Courts ought to think of in these
cases is the customer who knows the distinguishing
characteristics of the plaintiff's goods, those
characteristics which distinguish his goods from other
goods in the market so far as relates to general
characteristics. If he does not know that, he is not a
customer whose views can properly be regarded by the
Court. [See the cases quoted in N.S. Thread & Co. v.
Chadwick & Bros. AIR 1948 Mad. 481, which was a
passing off action].