Likelihood of confusion is propounded to arise in situations
where consumers are likely to be confused or mislead about the
origin of two similar marks, used by two different entities. To
establish the ground, it must be established that the similarity in
the marks, is likely to result in confusion in the minds of
consumers and hence be mislead about the source of the products
that bear these marks. While the concept and dicta followed therein
now stand well-established, the case of Three-N-Products
Private Ltd vs Emami Ltd.{2009 (41) PTC 689} revisits
the principles.
Three-N-Products Pvt. Ltd. engaged in the business of
manufacturing and sale of cosmetics, lotions, hair oils, shampoos
under the marks "Ayu" and
"Ayur", the former of the two being a registered
mark. Three-N Products upon learning that Emami Ltd.'s usage of
marks named "Himani Ayurdhara" and
"Himani Ayucare", moved to court alleging
infringement as well as alleging a passing off action
