follow. On the aspect of deceptive similarity, Mr.
Hemant Singh cites Parle Products v. J.P. & Co.12, Kaviraj Pt Durga
Dutt Sharma ... judgement of the Supreme Court in Corn
Products Refining Co. v. Shangrila Food Products Ltd18, that there is
a distinction between marks which are commonly
must refuse the registration in that
case ."
36. In Parle Products (P) Ltd. v. J.P. & Co., Mysore
held by the Supreme Court in Corn Products Refining Co. v.
Shangrila Food Products Ltd. , (1960) 1 SCR 968, the test to be applied ... well-settled. In Corn
Products Refining (supra) and Parle Products (P) Ltd. v. J.P. & Co.
Mysore , AIR 1972 SC 1359, the Supreme Court
also
perused the physical products, which have been produced before the Court.
A comparative chart of the products of the Plaintiffs and Defendants has
been ... trade dress and
the look and feel of the products. In Parle Products (P) Ltd. v. J.P. and Co.,
Mysore
settled legal position that even if the
two products are different, the action of passing off
goods be maintainable on the basis of deceptive
similarities ... merits without being influenced by the
observations made herein."
( xi) Parle Products (P) Ltd. Vs. J.P. And Co. Mysore
reported
Plaintiff's trademark
are used by the Defendant.
25. In Parle Products (P) Ltd. v. J.P. and Co., Mysore
Hornsby Ltd. v. The Zamindara Engineering Co. ( 1969) 2
SCC 727, Parle Products (P) Ltd. Vs. J.P. & Company,
Mysore ... exercised within a reasonable time."
23.9 In the case of Parle Products (P) Ltd. (supra), the
Hon'ble Apex Court, observed the following
house mark
GLUCOVITA. However, consumers refer to each product by the specific
trademark assigned to such product. Consequently, as regards the glucose
based chewy tablets ... contentions, he referred to and relied upon the following
judgments:
( 1) Parle Products (P) Ltd. v. J.P. And Co., Mysore,
MANU/SC/0412/1972
refuse the registration in that case.”
37. In the case of Parle Products (p) Ltd. v. J.P.& Co Mysore reported
bath fittings,
while those of the defendants are water closets and allied products. He
submits that, therefore, the geographical area of operation and the goods ... High of Bombay in International
Foodstuff Co. LLC. v. Parle Products Pvt. Ltd. and Ors., 2016 SCC
OnLine Bom 2038.
33. He submits that
