Law: Trade Mark Act, 1940

Section: 8(a)

(a) Trade Marks Act (V of 1940) S. 8(a)--Trade mark-Infringement-Test--Whether unwary pur chaser likely to be deceived. .         The wrappers in the two cases were similar in inscription, colour scheme and design and differed only in sizes; likewise other packages varied in sizes otherwise they were the true copies of the respondent's registered trade mark. The word "Hafiz" was exactly in the same colour scheme, figures on both the packages. Of course, in appellant's packages "Hafiz" was written in a crescent with a star, flanked by two arches, placed above the two spikes of the crescent and further two wheat-corns had been shown circulative on each of the two sides of the crescent. Four spherical clews also appeared on each of upper ends of the wheat corns. On the other hand, in defendant's packages the word "Haft" was written in a circular chain and underneath it, were to be found the words "Ka Multani Sohan Halva". In appellant's packages below the word "Hafiz" had been inscribed the words "Bashir Ka Multani Sohan Halva". Despite these points of dissimilarity the two wrappers, in colour scheme, get up, and general appearance were so similar that it was most likely to deceive and cause confusion in the minds of a customer. Apart from other visual' resemblance, in material respects, the words "Hafiz Ka" and "Sohan Halva" were the dominant features remarkably akin to each other, in the two wrappers phonetically as well in appearance. In such like cap" the test of the infringement of registered mark, is whether the unwary purchaser is likely to be deceived. Ram Kumar Jalan v. R. J. Wood Co. Ltd. A I R 1941 Lab. 263 and Insaf Soap Factory v. Lever Brothers Port .Sunlight Ltd. P L D 1959 Lab. 3131 rel. (6) Trade Marks Act (V of 1940 S. 8(a)-Trade Mark -Infringement-Test-Whether public at large and not intelligent section of public to be confused. In determining the question of infringement of a trade mark, it has to be seen whether the public at large and trot that an Intelligent section of the public would be confused and…