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1991 Supreme(Online)(Bom) 6

BOMBAY HIGH COURT
S. R. Shankar, J
Messrs National Chemicals and Colour Company and its two partners – Appellant
Versus
Messrs Reckitt and Colman of India Limited – Respondent


Table of Content
1. introduction of parties and basic facts regarding trademarks. (Para 1 , 2)
2. discussion of trade mark application and opposition. (Para 4 , 5 , 6)
3. evaluation of likelihood of confusion based on overall similarity. (Para 9 , 10 , 12)
4. assessment of honest concurrent use claims. (Para 18 , 20 , 21)
5. final ruling on the appeal. (Para 27)

1. Messrs National Chemicals and Colour Company and its two partners are the appellants in this appeal. Messrs Reckitt and Colman of India Limited are the first respondents. Messrs National Chemicals and Colour Company carry on the business, inter alia, of manufacturing and selling coloring material and colours. Reckitt and Colman of India are manufacturers and dealers in Ultra Marine Blue, Colours, etc.

2. Reckitt and Colman are proprietors of registered trade marks in respect of goods falling in Cls. (1), (2) and 3 of Schedule IV of the Trade and Merchandise Marks Rules, 1959. One of their registered trade marks consists of a picture of a bird sitting on a twig surrounded by a circle with lines in the background, somewhat like the rays of the sun. The trade mark has the words 'Robin Ultra Marine Blue' on it. Another registered t































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