Sony Kabushuki Kaisha v. Samrao Masker AIR 1985 Bom 327:

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Sony Kabushuki Kaisha v. Samrao Masker AIR 1985 Bom 327:
FG Lawkit

By FG Lawkit

Sony Kabushuki Kaisha v. Samrao Masker AIR 1985 Bom 327:

Quick answer: what is this case brief about?

Bombay High Court allowed registration of 'Sony' by Samrao, ruling no likelihood of confusion due to entirely different trade channels and class of consumers:

FACTS:

Samrao applies for registration of TM ’Sony’, which is opposed by the petitioners, stating that this will cause likelihood of confusion and/or deception among consumers:

ISSUE:

Is there likelihood of confusion and infringement to the plaintiff’s mark?:

HELD:

Trade channels for sale are entirely different and there is no common field of activity: The class of consumers for both the products are entirely different and distinct: Hence there would be no likelihood of confusion or deception:

NOTE – This view has not been followed in subsequent cases as according to the 1999 Trademark Act, identical/similar TM cannot be registered:

Video Summary: https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3

Related categories:

Trade Mark

Tags:

Trademark Registration:Sony:Likelihood of Confusion:Different Goods:Common Field of Activity:Bombay High Court:Deception: