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SUPREME COURT
A.S. Bopanna, K.N. Phaneendra, JJ
Nandhini Deluxe (M/s.) v. M/s. Karnataka Co-operative Milk Producers Federation Ltd.
| Table of Content |
|---|
| 1. dispute over trademark 'nandhini' origin and usage. (Para 1 , 2 , 3) |
| 2. application procedures and contested registrations detailed. (Para 5 , 6 , 7) |
| 3. analysis of existing case law regarding trademark registration. (Para 8 , 9 , 10) |
| 4. ipab’s reasoning on prior use and distinctiveness of trademarks. (Para 12 , 13 , 15) |
| 5. arguments for and against the registration of 'nandhini'. (Para 19 , 20) |
| 6. given prior distinctiveness, registration rights not absolute. (Para 21 , 22) |
| 7. legal standards for determining likelihood of confusion. (Para 23 , 24) |
| 8. assessed trademarks’ significant differences in public perception. (Para 25 , 26) |
| 9. public interpretation of similar trademarks in distinct goods. (Para 27 , 28) |
| 10. affirmation of the appeal based on findings of the earlier ipab decisions. (Para 31 , 32 , 33 , 34 , 35) |
1. The judgment dated 2nd December, 2014 given by the High Court of Karnataka in writ petitions filed by the appellant herein is the subject matter of detailed debate and arguments in the present proceedings, because of the reason that the dispute in question has evoked considerable controversy. The dispute pertains to the use of mark 'NANDHINI'. The responde
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