https://www.taxtmi.com/caselaws?id=157930 For infringement of a registered trade mark, comparison must focus on the broad and essential features of the rival marks rather than a side-by-side search for differences. Where the essential features of the registered mark are adopted and the overall impression is likely to mislead an ordinary purchaser, infringement is made out. Applying that test, the Court found the biscuit wrapper deceptively similar because of shared size, colour scheme, pictorial elements and prominent word devices, and held that the matter was properly assessed as trade mark infringement rather than passing off. The Court further rejected the view that concurrent findings based on an erroneous legal approach were immune from interference, and granted injunction and costs. en-us Fri, 28 Jan 1972 00:00:00 +0530 Mon, 25 May 2015 10:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=157930 For infringement of a registered trade mark, comparison must focus on the broad and essential features of the rival marks rather than a side-by-side search for differences. Where the essential features of the registered mark are adopted and the overall impression is likely to mislead an ordinary purchaser, infringement is made out. Applying that test, the Court found the biscuit wrapper deceptively similar because of shared size, colour scheme, pictorial elements and prominent word devices, and held that the matter was properly assessed as trade mark infringement rather than passing off. The Court further rejected the view that concurrent findings based on an erroneous legal approach were immune from interference, and granted injunction and costs. Case-Laws Companies Law Fri, 28 Jan 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=157930