Parle Products Limited vs Subir Mukherjee on 23 June, 2000
Equivalent citations: (2001)ILLJ964CAL
Author: S.B. Sinha
Bench: S.B. Sinha
JUDGMENT
Parle Products Private Limited ... vs Itc Limited And Anr on 18 May, 2023
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur ... HIGH COURT AT CALCUTTA
ORIGINAL SIDE
[Commercial Division]
IPDTMA/24/2023
PARLE PRODUCTS PRIVATE LIMITED (OA/41/2012/TM/KOL)
VS
ITC LIMITED
Judge failed to note that the design, appearance,
label, etc. of the products are similar and as erroneously come to the
conclusion that the word ... plaintiff has referred to a judgment reported AIR 1972 SC 1359 ( Parle
Products (P) Ltd. v. J.P. & Co., Mysore ) and relies particularly
protection is to reward and encourage good product design
by protecting the skill, creativity and labour of product designers. Design is
concerned with both form ... need not be an artistic work or possess artistic merit. In Parle
Products Private Limited v. Surya Food & Agro Limited reported
protection is to reward and encourage good product design
by protecting the skill, creativity and labour of product designers. Design is
concerned with both form ... need not be an artistic work or possess artistic merit. In Parle
Products Private Limited v. Surya Food & Agro Limited reported
liable for registration. Learned counsel has
referred to advertisements and/or products using phonetically similar
trademark with spelling variations and submits that these disclosures
show ... Bombay High
7
Court in International Foodstuffs Co. v. Parle Products Pvt. Ltd.
reported in 2016 SCC OnLine Bom 2038 for the proposition that
case.
27. Mr. Bhattacharyya had also relied on the decision of Parle Products. Limited v. Subir Mukherjee reported
Ambal" and "Andal". In the case of Parle Products v. J. P. & Co. Mysore the Supreme Court reiterated that in order
plaintiff
relied upon the judgment reported in (1972) 1 SCC 618 (Parle
Products (P) Ltd -vs- J.P. and Co., Mysore) and submitted that ... necessary. Both tests, visually and
phonetic, must be applied.
19. In Parle Products (P) Ltd. v. J.P. and Co., Mysore reported
plaintiff
relied upon the judgment reported in (1972) 1 SCC 618 (Parle
Products (P) Ltd -vs- J.P. and Co., Mysore) and submitted that ... necessary. Both tests, visually and
phonetic, must be applied.
19. In Parle Products (P) Ltd. v. J.P. and Co., Mysore reported