AIROnline 2020 Mad 914

Madras High Court

Hon'ble Judge(s): C. Saravanan , J

Trade Marks Act (47 of 1999) , S.28, S.29, S.135— Injunction - Restraining defendants from passing off or enabling others to pass off their products i.e. noodles as that of plaintiff's noodles by use of offending mark "Magical Masala" or any mark similar to plaintiff's mark "Magic Masala" or in any other manner - Defendant was using expression "Magic" for some its food items prior to plaintiff though not for instant noodles but for their other products - Words "Magic" and its derivative "Magical" were common to trade and was commonly used in food and cosmetic industry - "Magic Masala" was not registered trademark of plaintiff - Expression " Magic Masala" and Magical Masala was adapted by parties only to distinguish different flavors offered by them with brand - Products of respective parties were well distinguishable by their respective brands "Sunfeast Yippee" and "Maggi" and get-up, trade dress and colour combination of competing packaging were totally different - Held, there was no scope for confusion - Injunction, rejected. (Para 202 246) .....