Confusion as a Ground for Trademark Infringement

Trademarks are distinguishing devices used by businesses to distinguish their goods and services from those produced by others. Confusion is one of the main grounds for a trademark infringement claim. Infringement by confusion can involve-Confusion between related products, Confusion as to source,Confusion as to sponsorship, Initial interest confusion etc. The present case Merisant Company 2 Saral & Anr. V. Equal Minerals & Anr. 2010 (42) PTC 686 (Del.) decided on-24.02.2010 arises as consequence of confusion caused by a deceptively similar trademark.

Merisant Company 2 Saral & Anr the plaintiff are engaged in manufacturing ang marketing of granulated sweetner under the trademark EQUAL. It is a well-known trademark in India and other countries of the world. This trademark EQUAL was regiatered in class 1,30. Equal Minerals & Anr. the defendants use the trademark EQUAL(=).the trademark was initially registered in respect of plastic auto parts. Equal Minerals & Anr.