21. These were having various cartoon figures and comic characters which were favourites of kids. These discs are circular and have grooves; one big groove can be utilised for making other circular disc fly; it is 4.5 cms in diameter and 1.0 mm thick. The whole question in these cases is whether the thing taken in its entirety is such that in the ordinary course of things a person with reasonable apprehension and with proper eyesight would be deceived. There was adaptation of the elements of advertisement or get-up by the respondent and there was material on record clearly suggesting that the subsequent TV Advertisement was a copy of the earlier one. Calories 130. Even otherwise the promotional campaign involves an idea which cannot exclusively belong to the appellant. However, before we part with the judgment we would like to make it clear that any observation made by us will not prejudice the trial. The Euromonitor data shows that PepsiCo’s entry-level brand Uncle Chipps has dropped share over the three-year period between 2013-15. Discs are contained inside the product packets which are admittedly different. Products Pty., Ltd., Vs. S.C. Johnson Pty. Rudra Khanna â 85 As noticed above the characters printed on each of the discs are different. We compared Lay's, Utz, and Munchos — all of which are found in common grocery stores. It was especially created as a snack in 'Happiest Place on Earth', Disneyland, California as a byproduct of tortillas. Even otherwise it is settled law that while hearing appeal against the discretion exercised by learned single Judge while deciding the application under Order 39 Rules 1 and 2 of the CPC, the appellate court is not expected to substitute its own discretion except where the discretion is shown to have been exercised arbitrarily,capriciously or perversely or against the settled principles of law. It was pleaded, that it was not a case of passing off as there were radical differences between the two promotional items: that there cannot be any passing off in respect of the promotional campaign where no passing off is alleged in respect of the main product namely, "packets of potato chips": that the name AMAZZO was an adaptation of the word 'Amazing' and arrived at by telescoping the Hindi phrase "Aao Maza Lo", consciously chosen so as to rhyme with the catchline of the defendants' advertising campaign "Aao Maza Lo". Supreme Court considered the persons who were likely to purchase that Ayurvedic Medicine would be both villagers townfolk, literate as well as illiterate and observed as under :-. It was argued that as this idea belongs to the appellant, therefore, the respondents should have been restrained from copying the idea/promotional campaign. There was also a slight tangy touch to them. Frito Lay, a division of PepsiCo Inc., has more than half of all chip sales nationwide. 17. WHEN DO YOU PREFER EATING SNACKS DURING THE DAY? Uncle Ray’s is the brand name of a line of food products established by "Uncle" Ray Jenkins. The surest and safest test to determine whether or not there has been a violation of copyright is to see if the reader, spectator or the viewer after having read or seen both the works is clearly of the opinion and gets an unmistakable impression that the subsequent work appears to be a copy of the original. Raj Singh on 25 September, 2013. Relevant portion of the patent document reads as under :-. Reference can be made to M/s. Learned counsel for the respondent argued that there was no phonetic similarity between the words AMAZZO and TAZO and all cases relied upon by the appellants pertain to category where main product was the same and there was identity in the trade dress, getp and label of the product apart from the phonetic similarity. Lastly it was argued that the adaptation of the word AMAZZO and adoption of the idea of promotional campaign subsequent to and their fall in the market share in December,1998 as revealed in the survey,amounted to dishonest and unfair competition. Group Members These promotional schemes had been always successful and added to their brand equity and strength to its trade name "Uncle Chipps". Find the best companies in Food Manufacturers category: Clancys Chips and Lays, Clancys Chips vs Frito Lay, Lays vs … Appellate Court will not reassess the material and seek to reach a conclusion different from the one reached by the court below, if the one reached by that court was rea sonably possible view. under which the plaintiffs offered a TAZO disc inside each packet, with which children could play some games, claimed to be unique to them. The games and uses of the TAZO discs given by the appellant are also entirely different from the AMAZZO discs offered by the respondents. Perusal of the copy of U.S. Patent No.5672087, dated 30th September,1987 in respect of the TAZO discs filed by the appellants shows that the specifications of this disc in detail were given at the time of getting the said patent. It was held:-, "But competition must remain free, and competition is safeguarded by the necessity for the plaintiff to prove that he has built up an 'intangible property right' in the advertised description of his product, or, in other words,that he has succeeded by such methods in giving his product a distinctive character accepted by the market. It was further pleaded that this type of promotional campaign for promotion of their snack food products was prevalent in several countries throughout the world since 1992-93 : that in India this campaign was launched in September, 1998 with great success; that the respondents were their competitor and business rival,manufacturing and selling variety of snack products including potato chips being marketed under the brand name "UNCLE CHIPPS"; the plaintiffs came to know that respondent (defendant) in order to boost their sales was intending to launch a promotional campaign distributing discs marked AMAZZO as free collectibles with its product "Uncle Chipps" which were identical to the plaintiffs TAZO discs. Harshala Joshiâ 68 They adopted several marketing innovations and marketing campaigns as well as giving of free gifts along with the packets of potato chips since 1987. vs Uncle Chipps Private Limited on 26 May, 2000. WHICH OF THE FOLLOWING CHIPS BRANDS HAVE YOU TRIED Bingo 13% Lays 22% Parle 9% Pringles 10% Haldirams 10% Uncle Chips 14% Balaji 17% Diamond 5% Bingo Lays Parle Pringles Haldirams Uncle Chips Balaji Diamond 14. 2.Since Lay’s chips are made of potatoes, no two chips are the same either in size, shape, or texture while all Pringles chips are uniform in texture, shape, and size. 31. To repeat the date the patent was granted for circular disc known as TAZO, as there were large number of circular discs in market therefore, appellants cannot claim copyright in the mould or drawings of every other type of circular discs which is not having configuration of TAZO disc. Therefore, every case must depend on its own particular facts, and the value of authorities lies not so much in the actual decision as in the tests applied for determining what is likely to deceive or cause confusion. Law relating to similarity in tradedress is now well settled. Everything's better when it's Crafted with Care™. 36. Reference in this regard can be made to the following observation of the Supreme Court in Amritdhara Pharmacy's case (supra), : "The Act does not lay down any criteria for determining what is likely to deceive or cause confusion. It was argued that the descriptive material, such as slogans or visual images and the advertising campaigns is associated with the appellants' products and has become part of the good will of their product. It crisp manufactures Lay’s Potato Chips, Cheetos extruded snacks, Uncle Chipps and traditional snacks under the Kurkure and Lehar brands. The same was dismissed. 7. They would be those who belong to a class,who are fairly educated in English and would be table to distinguish between TAZO and AMAZZO, there are several other dissimilarities. While in the other game a pile of TAZO is made with pictures face down with player taking turns to whack the pile with the striker. 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