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Hindustan Lever Ltd Versus Rameshwar Mundia and Anr.

2008 (12) TMI 789 - DELHI HIGH COURT

RFA 720/1993 - Dated:- 2-12-2008 - Pradeep Nandrajog and J.R. Midha For the Appellant/Petitioner/plaintiff: Mamta Jha, Adv For the Respondents/Defendant:Nemo JUDGMENT Pradeep Nandrajog, J. 1. Heard learned Counsel for the appellant. 2. A short issue arises for consideration: whether statutory authorities are governed by the principle of comity. 3. The principle of comity is well recognized in law, whereunder different statutory authorities and courts give due respect to the opinion rendered by e .....

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EBUOY". The wrapper is a mixture of white and red colours used, with the red colour taking a space of approximately 1/3rd of the size of the wrapper. The respondent is using a wrapper of same size, same colour, with same proportion of the segment of the colour red vis-à-vis white. The name used by the respondent is "LUCKYSOAP". 6. In the opposition before the Registrar of Trademarks when respondent sought registration of the mark and the wrapper as its proprietary property, .....

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eld that the wrapper of the respondent, if permitted to be registered, would cause confusion in the eyes of the consumer and hence is deceptively similar to that of the appellant, the Copyright Board has arrived at a totally contradictory finding holding as under: 4. Now on a very careful consideration of the two labels in their entirety one immediately reaches the conclusion that there is no substance in the contention of the petitioner that the impugned label of the respondent is a substantial .....

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duction, there is no infringement of the artistic copy right in the work. 5. Now, examining the two labels before us in the light of the aforesaid test, it is crystal clear to the naked eyes that the two labels by no standards can be considered to be similar or substantially similar. One cannot be the copy of the other simply because both the labels have red backgrounds and words in white. Apart from differences in detail in both the labels it is difficult to comprehend that one would be mistake .....

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