Trade Mark - SC 30.6.2021

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Viacom International Inc., 

sAMAYAWARENA j

SC APPEAL NO: SC/CHC/APPEAL/28/2003

 

The dominant element of the two marks – MTV – is literally, phonetically and visually similar such as to cause confusion 46  in the mind of the public and trade circles inter alia as to the source of the services offered under each mark in that it could create the erroneous impression that the 1st Respondent’s services are the services of the Appellant or vice versa or that there is a connection between the 1st Respondent and the Appellant in terms of services whereas they are in fact competitors.   It was erroneous on the part of the 2nd Respondent to have registered the 1st Respondent’s MTV mark No. 61331. 

The Judgment of the High Court which affirmed it is also wrong.  In the prayer to the petition of appeal, the appellant prays that the Judgment of the High Court dated 16.09.2003 be set aside and the reliefs prayed for in the plaint dated 30.07.1998 filed in the Commercial High Court be granted.  

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