The Delhi High Court on Friday passed an interim order injuncting Parle from using the mark FABIO or FAB!O till the disposal of the suit.
The order was passed on a suit filed by Intercontinental Great Brands owner and proprietor of the OREO brand of biscuits alleging that Parle’s FABIO and FAB!O infringed its trademark.
The Court noted that there is no other biscuit with a similar sounding name with a concluding ‘eo’ sound and therefore when another identical product enters the market with the same concluding sound and similar packaging, there is the likelihood of a customer who had the ‘OREO’ biscuit earlier, presuming its connection with ‘FAB!O’.
After considering the arguments as well as the packaging and the biscuits contained therein, the Court said that the ’!‘ in ‘FAB!O’ is merely an ‘I‘ in disguise and that the two marks are phonetically similar.
Also read: Tata Motors Launches BS6 Phase 2-Compliant Passenger Vehicles With E20 Emission Norms
Justice Hari Shankar said that by adding an ‘O’ to its earlier ‘FAB!’ mark, the defendant has made the concluding ‘io’ intonation in its ‘FAB!O’ mark identical to the concluding ‘eo’ intonation in the plaintiff‘s ‘OREO’ mark.
He said that the manner in which the defendant has, in its advertisements, declared that its ‘FAB!O’ mark is required to be pronounced as ‘fab-ee-yo’ amounts to a candid acknowledgment that ‘FAB!O’ is required to be pronounced like ‘OREO’, which would be pronounced ‘or-ee-yo’.
However, Justice Hari Shankar rejected the argument that the design of the two cookies is also similar.
Uttar Pradesh government, led by Chief Minister Yogi Adityanath, is racing against time to complete…
The upcoming Mahakumbh 2025 in Prayagraj is set to spotlight India's rich cultural heritage with…
The Yogi Adityanath-led government is enhancing fire safety measures to make the 2025 Maha Kumbh…
To fulfill CM Yogi Adityanath's vision of a Swachh Maha Kumbh, UP Jal Nigam and…
Amit Shah's helicopter underwent an inspection by Election Commission officials on Friday during his campaign…
The UPPSC officially announced a new date for the PCS Preliminary Exam 2024, responding to…