Godrej Sara Lee Ltd. vs Knight Queen Industries Pvt. Ltd.
2006 Latest Caselaw 1116 Bom

JUDGMENT

1. We heard the counsel for the Appellant.

2. The counsel for the Appellant strenuously urged that letters and the fonts in the label at V, continue to be closely similar to the Appellant's label "Good night".

3. We are unable to agree with the counsel for the Appellant. The Label at 'Y' which the defendants have undertaken to use for their mosquito coils and electrically operated apparatus, cannot be said to be exactly identical or closely similar to the plaintiffs trade mark and copyright. As a matter of fact, the label at 'Y' has a different colour scheme. Instead of red background, it has green background. Letter 'K' in label at 'Y1 is so designed that it gives an impression of mosquito attached to it. The font 'K' in the Appellant's trade mark word "Knight" is distinct and dis-similar to the font 'K' in the defendants' trade mark. Besides that the word "Knight" in the plaintiffs label has a different look than the word "Knight" appearing on the defendants' label at 'Y'.

4. In this view of the matter, the impugned order does not call for any interference. Appeal is dismissed in limine.