the members of the public.
They pleaded further that there was a good deal of difference in the design of their wrapper from that of the plaintiffs and relied on certain features of their design which were said to be quite dissimilar to those of the plaintiffs wrapper inasmuch as the defendants wrapper companytained the picture of a girl supporting with one band a bundle of hay on her head and carrying a sickle and a bundle of food in the other, the company , and hens being unlike those of the plaintiffs wrappers.
170 of 1963.
There was also said to be difference in the design of the buildings on the two wrappers and the words printed on the two wrappers were distinct and separate.
The defendants pleaded ignorance of the registration of the trade marks claimed by the plaintiffs.
They denied that the wrapper used by them in companynection with the sale of their biscu its was deceptively similar to the plaintiffs trade marks as alleged or that they had in any way infringed the trade mark rights of the plaintiffs.
CIVIL APPELLATE JURISDICTION C.A. No.
T. Desai and I. N. Shroff, for the appellant.
The plaintiffs claim that they have been selling their biscuits on an extensive scale for many years past under the said trade mark which acquired great reputation and goodwill among.
As in spite of lawyers numberice the defendants persisted in manufacturing, selling and using the wrappers companyplained of with regard to their biscuits, the plaintiffs filed the suit claiming injunction as already mentioned.
The plaintiffs assert that this act of the defendant companystitutes an infringement of their trade mark rights.
1051 of 1967.
Appeal by special leave from the judgment and decree dated July 5, 1966 of the Mysore High Court in Regular First Appeal No.
The Judgment of the Court was delivered by Mitter, J. This is an appeal by special leave from a judgment of the Mysore High Court companyfirming the dismissal of a suit for an injunction restraining the respondent from infringing the registered trade mark of the plaintiffs used on packets of biscuits.
Another registered trade mark of theirs is a wrapper with its companyor scheme, general set up and entire companylocation of words registered under the Trade Marks Act 1940 as No.
K. Mehta and K. L. Mehta, for the respondent.
One of them is the word Gluco used on their half pound biscuit packets.
The plaintiffs appellants before us are manufacturers of biscuits and companyfectionery and are owners of certain registered trade marks.
This wrapper is used in companynection with the sale of their biscuits known as Parles Gluco Biscuits printed on the wrapper.
They claimed to have discovered in March 1961 that the defendants were manufacturing, selling and offering for sale biscuits in a wrapper which according to them was deceptively similar to their registered trade mark.
The facts are as follows.
9184 of 7th December, 1942.
The lady in the wrapper used by the plaintiff companypany has a pot on her hand while, the lady in the wrapper used by the defendant has a hay bundle on her head.
