NDLI: M/s Nandhini Deluxe Vs. M/s Karnataka Co-operative Milk Producers Federation Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Trade Mark
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Trade Mark – Similar marks – Respondent, a cooperativefederation of the Milk producers of Karnataka adopted the mark‘NANDINI’ in the year 1985 and under this brand name producedand sold milk and milk products – On the other hand, appellantwas in the business of running restaurants and it adopted the mark‘NANDHINI’ for its restaurants in the year 1989 – Appellant appliedfor registration of the said mark in respect of various food productsincluding milk and mi lk products – Respondent opposed theregistration of the mark on the ground that it was deceptively similarto its own mark and was likely to deceive the public or causeconfusion – Objections were rejected by the Deputy Registrar andregistration was granted to the appellant – Appeals of the respondentwere allowed by the IPAB – Writ petitions filed by the appellantswere dismissed – On appeal, held: Appellant had adopted the trademark in respect of items sold in its restaurants way back in the year1989 which was soon after the respondent had started using thetrade mark ‘NANDINI’ – There was no document or materialproduced by the respondent to show that by the year 1989 therespondent had acquired distinctiveness in respect of this trade mark,i.e., within four years of the adoption thereof – Therefore, it was acase of concurrent user of trade mark by the appellant –Furthermore, Appellant had abandoned its claim for milk and milkproducts – Therefore, the order of the Deputy Registrar grantingregistration in favour of the appellant restored subject tomodification that registration would not be given in respect of thosemilk and milk products for which appellant has abandoned its claim– Trade Mark Rules, 2002 – Class 29 and Class 30 underSchedule IV.
Judge	Hon'ble Mr. Justice Arjan Kumar Sikri
Neutral Citation	2018 INSC 642
Petitioner	M/s Nandhini Deluxe
Respondent	M/s Karnataka Co-operative Milk Producers Federation Ltd.
SCR	[2018] 11 S.C.R. 275
Judgement Date	2018-07-26
Case Number	2937

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M/s Nandhini Deluxe Vs. M/s Karnataka Co-operative Milk Producers Federation Ltd.

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