In Brief
The appellant, a registered trade mark owner of 'MALABAR' for Biryani Rice, sought to prevent the respondent from using 'MALABAR' with 'BAROMA' in their label, claiming infringement and passing off. The Supreme Court upheld the High Court's order allowing the respondent to use the modified label. The Court held that the appellant's registration carried a disclaimer preventing exclusive rights over the word 'MALABAR', a descriptive term used by multiple registered proprietors. Comparing the labels, the Court found substantial differences in get-up and presentation, negating deceptive similarity. Balancing the parties' business interests, the Court dismissed the appeal, leaving contentious issues for resolution in the pending suit.
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