Skip to main content

Posts

Showing posts with the label phonetic

Trademark: Mere phonetic similarity is not enough

Holding that mere phonetic similarity is not sufficient to warrant judicial interference, the Bombay high court did not grant relief to owners of the London Dairy brand of ice cream who alleged trademark infringement by Indian candy-making company Parle Products. International Foodstuffs, a Dubai-based company in business since 1975, had moved the high court against Parle Products for using the mark 'Londonderry' for its boiled confectionary sweets, in an alleged bid to pass the candy off as being linked to the internationally well-known ice cream brand, 'London Dairy'. But after hearing both sides, Justice Gautam Patel in an interim order dismissed the plea to restrain Parle Products from using the name Londonderry for sweets - a product, he said, is "far removed from ice cream". The order comes as a sweet interim victory for Parle candy. The judge, in 16 pages of reasoning, said, "To begin with, there is a very great deal of controversy about whethe...