INDIA BUSINESS WORLD - MAY 11th - MAY 31st - 2008
SUPREME COURT: TRADEMARK JUDGEMENT FACTORS TO DIFFER IN CASES
The Supreme Court has said that trademark disputes between companies would be decided on the basis of various factors which could differ from case to case.
A bench comprising Justice SB Sinha and Justice LS Panta said: “The tests which are, therefore, required to be applied in each case would be different. Each word must be taken separately. They should be judged by their look and by their sound. Must consider the goods to which they are to be applied. Nature and kind of customers who would likely to buy goods must also be considered. Surrounding circumstances play an important factor. What would likely to happen if each of those trade marks is used in a normal way as a trade mark of the goods of the respective owners of the marks would also be a relevant factor.” The court further said that when and how a person is likely to be confused over a trademark is a very relevant consideration.
The apex court was of the view that a passing off action (trademark violation) may be brought under two conditions.
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