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SM Dyechem Ltd .v. Cadbury (India) Ltd

The plaintiff was running a business of selling chips and wafers under the Trademark “PIKNIK”. Defendant also started his business of selling chocolates under the name “PICNIC”. Plaintiff filed a suit for Trade Mark infringement. Trial court held that the two names “PIKNIK” and “PICNIC” are deceptively similar and passed judgment in favor of plaintiff. The matter then went into appeal. High court reversed the judgment of the Trial Court by holding that the two marks “PIKNIK” and “PICNIC” are not deceptively similar. They are different both in appearance and composition of words. Supreme Court also upheld the High Court’s view.13

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