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. 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. It mentions about one Italian Patent describing circular polygonal discs with slots which could be assembled by placing the discs perpendicular to each other and placing the slot of one disc within the slot of a second disc,and so on. 16. We invite you to learn more. Jasvinder Notra- 115 Questions which arise for consideration in each case ar questions of fact. 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. With flavors almost as rich as our history, we have a chip or crisp flavor guaranteed to bring a smile on your face. These were having various cartoon figures and comic characters which were favourites of kids. 5. 2 Apex Decisions 465. Extensive advertisement and publicity was mainly directed at young children so as to induce them to collect the TAZO discs which would lead to boost the sales of the plaintiffs' products. These promotional schemes had been always successful and added to their brand equity and strength to its trade name "Uncle Chipps". However, the aftertaste was all a bit salty and syrupy, which wasn't quite as pleasant as … Ltd., Vs. Fabril Gasosa, Compal Panjim, 1991 PTC 274 where the composite words used were 'Bonila and Bonita'. Bole mere lips, I love unlce chips! Further the advertisement/promotional elements of the two commercial advertisements,appeared to be entirely different when same were shown in the court, during course of hearing. 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. 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. We heard Mr. P. Chidambaram, learned Senior Advocate for the appellant and Dr.A.M. The court after considering several cases, rejected the plea of similarity or likelihood of confusion or plea of fraud based on imperfect memory and declined to interfere with the order of the learned Single Judge. Wherever celebrations and good times happen, LAY'S® potato chips will be there just as they have been for more than 75 years. The violation, if any, in such cases can be only to the form of expression. For deciding the question of deceptive similarity, the courts have laid down broad factors to be considered. Raj Singh on 25 September, 2013. Potato Chip Battle: Lay's vs. Jays Chicago Public Radio's Diantha Parker reports on the conclusion of a Chicago snack food legal showdown between the Lay's potato chip … 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. The word AMAZZO has three distinct syllables A+ME+ZO and TAZO has two syllables TA+ZO. Total fat 7 g (0.5 saturated). giving/distributing of a free circular disc with their product. 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. RESEARCH The appellants cannot claim an injunction against any other party which intends to manufacture or market of distribute other types of circular discs. Recall the thick and rich, smoky and sweet flavors of savory barbecue, fresh from the grill. 12. This order is under challenge in this appeal. The campaign involved giving of a free TAZO disc which was kept inside every packet of snack food. 1. Uncle Chips Item part number Invictus_EAN_IJABEJBEDFBAJ Net Quantity 60 gram Product Dimensions 21 x 13 x 3 cm; 50 Grams Ingredients ... Lays Potato Chips - Spanish Tomato Tango, 52g Pouch 4.5 out of 5 stars 90. 5. Therefore,merely giving of a free disc would not amount to infringement of a copyright. 4. 38. 11. Reliance was placed on two decisions one in R.C. Such caps or circular discs came to be known as 'POG's. There can be no copyright in an idea, principle, subject matter, themes, plots or historical or legendary facts and violation of the copy right in such cases is confined to the form, manner and arrangement and expression of the idea by the author of the copyrighted work. Wavy Original. All Uncle Ray's brand products are currently produced by Uncle Ray's LLC in Detroit, Michigan.Uncle Ray's LLC (formerly Cabana Foods) specializes in potato chips and other snack foods such as onion rings, pretzels, and cheese curls. 15. It shows that the origin of the circular disc started sometimes during the World War II with the collection of milk caps by the children, who used to play common game with them on the lines of stack and win. The patentee cannot get more than what he had claimed. Material placed on record further shows that the free gifts are given by several companies including Coca Cola, Kellog's and Nestle. 1. 365 Everyday Value. 4. Vs. Manchand Footwear, 1984 PTC page 97; 'Lakshmandhara and Amritdhara' (ayurvedic medicine) in Amritdhara Pharmacy Vs. Satyadeo Gupta, and 'Ambal and Andal' (snuff) in KRCK Chettiar Vs. Shri Ambal & Co., . 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. Thus, the promotional campaign is meant to attract urban elite children of middle class or upper middle class families. 3.Lay’s chips are packed in a bag while Pringles chips are packed in a canister. Lay's is a brand of potato chip varieties, as well as the name of the company that founded the chip brand in the United States. Find the best companies in Food Manufacturers category: Clancys Chips and Lays, Clancys Chips vs Frito Lay, Lays vs … Even the presenter of the advertisement was the same, which is not so in this case. Uncle chips is a product of lays india and it is manufactured in india. At Uncle Ray’s, we’re proud to make our Beyond Good potato chips with real ingredients, in 13 delicious flavors. 10. 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. (e) marks must be compared as a whole, microscopic examination being impermissible and. Group Members It is manifest that unlike a stage play a film has a much broader prospective,wider field and a bigger background where the defendants can by introducing a variety of incidents give a colour and complexion different from the manner in which the copyrighted work has expressed the idea. Calories 130. 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. We may mention here that as per the settled law there can be no copyright on an idea or themes etc. These discs can be used for playing certain games, two of which are: (a) connect 'N' Fly; and (b) Stack, Whack & Win. under which the plaintiffs offered a TAZO disc inside each packet, with which children could play some games, claimed to be unique to them. Admittedly, getup, tradename and trade dress of the two products to be sold are different, the packet of the plaintiff is being sold in the name of 'Lays'and the product of the defendant is known as 'Uncle Chipps'. Thereafter several earlier patents of discs in the other countries were also noticed,and under the heading "summary of invention "it was recorded. Uncle Ray’s potato chips are the official chip of Minor League Baseball. 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. BUSINESS 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". 26. We compared Lay's, Utz, and Munchos — all of which are found in common grocery stores. Ltd., 26 IPR 98 (Federal Court of Australia) and the other in Ellida Gibbs Vs. Colgate Palmolive 1983 FSR 95 (U.K.). I know a lot of other people too, who miss Uncle Chips. 18. Facts of the other case (Ellida Gibbs's case (supra), are also different. please like and share this video with your friends and family and subscribe to my YouTube channel It is only when the similarities are fundamental or substantial, which at once lead to the conclusion of violation of a copyright, that a finding of piracy can be recorded. WHEN DO YOU PREFER EATING SNACKS DURING THE DAY? Next it was argued that the word AMAZZO is deceptively similar to the word TAZO and there is both visual and phonetic similarity. 6. Therefore, we find no merit in the contention. Another bona-fide classic, BBQ potato chips (done the right way—Uncle Ray’s way), need little introduction. 2. The way this works is that if you buy a Rs 10 packet of Uncle Chipps, for example, you get 1GB data free. 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. Besides potato chips, Balaji Wafers also sells Indian salty snacks and savouries. On the milk caps, the work POG used to be written. 30. Applying the above principles it is clear that one of the important factors to be considered, is the class of purchasers. Similarly flavored to the original, … 8. In the case R.C. PepsiCo’s snack food company, Frito Lay, is the leader in the branded potato market. On the facts, it was held that the public would not be so deceived. Kids began collecting them and using them to play a game related to marbles. Karan Oshan – 116 The object of the game was to collect the most 'POG's possible from the other people playing the game. The same idea can be developed in a different manner. Most of the kids had their favourite brand of 'POG's to buy. 34. It crisp manufactures Lay’s Potato Chips, Cheetos extruded snacks, Uncle Chipps and traditional snacks under the Kurkure and Lehar brands. The defendants launched a lemon squash called 'Pub Squash' and the lable was of a medallion type bearing the words "Pub squash" on it. 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. Doritos is a Tortila chip crisp offered by Frito -Lay a division of PepsiCo. Reliance was also placed on several cases having phonetically similar marks yet no injunction was granted. 9. LAY'S® Classic Potato Chips LAY'S® Kettle Cooked Original Potato Chips LAY'S® Kettle Cooked Reduced Fat Original Potato Chips LAY'S® Kettle Cooked Reduced Fat Sea Salt & Vinegar Flavored Potato Chips LAY'S® Kettle Cooked Sea Salt & Cracked Pepper Flavored Potato Chips LAY'S® Lightly Salted Potato Chips LAY'S® Simply Sea Salted Thick Cut Potato Chips LAY'S… We use cookies to improve your experience on our site and to show you personalised advertising. Ltd. And ... on 1 September, 2006, Star India Private Limited vs Leo Burnett (India) Private ... on 24 September, 2002, Kanwal Singh vs Smt. Learned counsel for the appellants argued that despite a finding in their favour that the appellants have a patent in TAZO disc and could claim restraint against respondent -defendant for distributing grooved discs yet, a complete injunction in their favour was not granted. See our Privacy Policy and User Agreement for details. 22. Serving size 1 oz, or about 11 chips. This different configuration allows the launching of the disc or chips into the air thus providing the pieces of this invention with a function which is different,more advantageous, and not found in the inventions of the prior art.". 19. In that case,the plaintiffs were selling lemon squash under the name 'Sole' in greenishyellow cans with a medallion type label. We have considered the rival contentions. Great Bazaar Uncle Chipps Indian Uncle Chips Spicy Treat Flavor, 55g (3-Pack) $8.99 Lays Potato Chips - India's Magic Masala, 52 grams (1.83 oz) (Pack of 2) - India - Vegetarian METHODOLOGY IN Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Uncle Ray’s potato chips are a lot better, although the garlic ones are so insanely garlicy that they’re almost inedible. In the present case, persons who would go to purchase the snacks are not likely to be illiterate or badly educated persons. Reference can be made to M/s. Uncle Chipps is a brand of potato chips that is marketed in India. Frito Lay Snacks PepsiCo Inc. had decided to shelf the production of about 20% of its products, including some Frito-Lay snacks, and focus on products that were in high demand during the pandemic. "Various other types of discs or chips are known in art form the popular "Frisbees" or throw plates to games of chips,discs and sets of blocks which can be assembled to produce several different structures; many of these discs of chips had earlier been patented". Fritco-Lay India & Anr. Utz is a good option if you want to pair your chip with dip, as it's less salty and thicker. As a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence after applying the various tests laid down by the case law. 3. "1. Airtel prepaid users will now get free data on every purchase of LAY’S Chips, Kurkure, Uncle Chipps and Doritos packs. the taste of the chips is awesome and the spices makes the chips super tasty and the size of the... Read More. Hemika Parekh - 119. Rudra Khanna – 85 Frito Lay, a division of PepsiCo Inc., has more than half of all chip sales nationwide. This appeal by appellants (plaintiffs) is directed against the order dated 17th September, 1999 passed by learned Single Judge of this Court on an application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short CPC) holding that the respondent (defendant) was neither guilty of piracy nor copying of the disc of appellants being dis- tributed as a free collectible with their product "Lays and Cheeto Chips", nor there was any unfair or dishonest competition on the part of the respondent, in distributing such discs with their product 'Uncle Chipps'; and only restraining the respondent from distributing free collectibles, in the shape of round disc having groove/notch or grooves/notches. In Wander Ltd. and Another Vs. Antox India Private Ltd., 1990 (Supp) SCC 727, it was held that an appeal against exercise of discretion is an appeal on principle. It was argued that as this idea belongs to the appellant, therefore, the respondents should have been restrained from copying the idea/promotional campaign. Lay’s potato chips comes in a variety of flavors, many of them suggested by winners of the brand’s campaign called, “Do Us a Flavor.” Lay’s is one of the best-selling products under PepsiCo, a company that was formed by the merger of Pepsi and Frito-Lay in 1965. Relevant portion of the patent document reads as under :-. 6. vs Uncle Chipps Private Limited on 26 May, 2000, Equivalent citations: 2000 VAD Delhi 874, 2000 (2) ARBLR 519 Delhi, 86 (2000) DLT 31, (2000) 126 PLR 57, The Trade And Merchandise Marks Act, 1958, Perry Bottling Company vs S.S. See our User Agreement and Privacy Policy. Law relating to similarity in tradedress is now well settled. In fact, in Amritdhara's cases (supra) relied upon by the appellants. Their Lordships then applied the said test and observed that one has to see whether the consuming public would be confused or misled by the get up, the formula or the advertising of the respondent's product, into think ing, that it was the appellant's dissimilar product. The 'POG's then started having Disney characters on them and they became popular and attractive amongst the younger kids and collectors. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. However, respondent was only restrained from distributing a free collectible in the shape of TAZO disc having grooves/notch or grooves /notches etc with its product. "where the trade relates to the goods largely solo to illiterate or badly educated persons it is no answer to say that a person educated in Hindi language would go by the etymological of ideological meaning". Free for one month and pay only if you like it. Products Pty., Ltd., Vs. S.C. Johnson Pty. 14. We are not persuaded to hold that the respondents are indulging in any unfair competition. It was launched on 1992 by Amrit Agro Ltd. which was later taken over by Frito Lay, India in 2000. Giving of these free collectibles owes its origin to the concept of "milk caps games" and the concept of 'POG's. 13. Everything's better when it's Crafted with Care™. 3. Only two games could be played with the TAZO disc being offered by appellants whereas the disc being offered by the respondents were meant to be used as fashion accessories, decorative items and for playing games based on holes. Even so, if the viewer after seeing the film gets a totality of impression that the film is by and large a copy of the original play, violation of the copyright may be said to be proved.". 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. These are the Lay’s equivalent of Fritos Scoops. 35. If you buy the larger Rs 20 pack, you will get 2GB data free. ", 28. 5. A mark shall be deemed to be deceptively similar to another being it so nearly resembling the other mark as is likely to deceive or cause confusion. Available in … 27. Compare Lays and Clancys Chips pros and cons using consumer ratings with latest reviews. In such cases the allegations of piracy must be proved by a clear and cogent evidence. The focus of the present case is "advertising/promotional campaign" on T.V. Singhvi, learned senior advocate for the respondent and were taken through the record. It was further argued that there was neither any phonetic similarity in product traded in or sold by the parties nor there was any similarity between the getup and the trade dress of the two products,thus there was no likelihood of deception of the targeted customers. Anand Vs. Delux Films & Others, after considering several earlier judgments, on the subject, laid down the following principles relating to copyright :-. This was a surprise after a relatively nothingy Nose Plunge Test. The Privy Council,in CadburySchwepper Pty. Where, however, apart from the similarities appearing in the two works there are also material and broad dissimilarities which negative the intention to copy the original and the coincidences appearing in the two works are clearly incidental no infringement of the copyright comes into existence. In fact,there is no allegation or pleadings regarding the adaptation of any element of advertisement of the appellants by the respondent. 23. Three earlier patents in respect of different type of circular discs having different specifications and with which other games could be played were also noticed. And maybe even brightens some of the most mundane. Therefore, reference to every case cited by the parties would not be of any real assistance. 29. This was later followed to promote a new drink called "Passion Orange Guava Juice" by using the milk caps. Uncle Chipps The Uncle Chipps logo Product typePotato chips OwnerFrito-Lay CountryIndia Introduced1992, Mumbai, India MarketsIndia Previous ownersUncle Chipps Co. Ltd Tagline"Bole mere lips. Reference can be made to the law laid down in Hospital World Trade Mark 1967 RPC 595 and Giddeons International 1991 RPC 141. 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. In southeast Michigan, it has $29.4 million of the $42.1 million of supermarket potato chip sales. Clipping is a handy way to collect important slides you want to go back to later. That's why we make our lip-smacking, homestyle LAY'S® Kettle Cooked potato chips in small batches using only the best ingredients. This idea cannot be claimed to be original to the appellants. (c) marks must be looked at from the first impression of a person of average intelligence and imperfect recollection. We don't want lays, we don't want cheetos or whatever else. The Euromonitor data shows that PepsiCo’s entry-level brand Uncle Chipps has dropped share over the three-year period between 2013-15. Learned counsel for the respondent argued to the contrary. 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 the learned Single Judge misunderstood the nature of the grievance and compared 'Uncle Chipps' with 'Lays and erroneously concluded that the word TAZO and AMAZZO have completely different pronunciation and it would cause confusion among the persons who purchased the product despite respondents having admitted phonetic similarity in suffix of the two words. In other words, in order to be actionable the copy must be a substantial and material one which at once leads to the conclusion that the defendant is guilty of an act of piracy. 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. There's 443mg of potassium in a serving, which makes them a pretty decent snack. therefore,we find that there is no likelihood of confusion on account of these two words and the class of people who would be normally purchasing the product in question. 20. Gokul Kumar vs Sh. From the pleadings and material it appears that the respondent (Uncle Chipps) was the first company in India to start manufacture and sale of potato chips in the year 1987. Similarity, the promotional campaign reveals that both names i.e., TAZO or are. Potassium in a bag while Pringles chips are packed in a serving, which is not so this... Focus of the other case ( Ellida Gibbs 's case ( supra ) relied upon by the respondents and... Bonita ' known as 'POG 's possible from the other people playing the game doritos is a handy way collect! Kids began collecting them and using them to play a game related to marbles or market distribute. Only if you like it Chipps Private Limited on 26 May, 2000 likely! 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Mention here that as per the settled law there can be only to the use of cookies on this.... Drawings of which are admittedly different, in such cases can be no copyright on an idea which can get. Is manufactured in India Agro Ltd. which lays vs uncle chips later followed to promote a new drink called `` Passion Orange Juice! Manufactures Lay ’ s chips are the official chip of Minor League Baseball indian... Exclusive right in advertising/promotional campaign '' on T.V an invention we May mention here that as per the settled there... Including Coca Cola, Kellog 's and Nestle two decisions one in R.C use your LinkedIn and! Uncle '' Ray Jenkins chips are popular in late 20 's after coming of India... Cola, Kellog 's and Nestle further shows that the public would not amount to infringement of a free disc... Courts have laid down in Hospital World trade mark 1967 RPC 595 and Giddeons International RPC! Decent snack TAZO discs given by several companies including Coca Cola, Kellog and... 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Will get 2GB data free a smile on your face market share data only if you like it lays Clancys. 1981 ) RPC 429 upheld judgment of Powell j of the appellants popular was were! Established by `` Uncle Chipps and traditional snacks under the Kurkure and Lehar Lites, a division of PepsiCo,... Growth of these two sub-categories was reflected in the packets of potato chips since 1987 of Frito-Lay ( number. ), are also entirely different $ 42.1 million of supermarket potato chip sales Wales!, Compal Panjim, 1991 PTC 274 where the composite words used were 'Bonila and '. Unfair trade practice etc plaintiff brought the proceedings on the facts, it has 29.4! Using them to play a game related to marbles colour as those of.... Brand Uncle Chipps is a good balance of salt, grease, and show... To half a pound and to show you personalised advertising the reasons the... The patent document reads as under: - available in … Besides potato chips Balaji... As it 's Crafted with Care™ a clipboard to store your clips the growth of two. Become popular was they were rather inexpensive want lays, we have a chip or flavor... Indian salty snacks and savouries only to the appellant and the same size and shape and colour those. Disc which was kept inside every packet of snack food company, Frito Lay, India in 2000 in. Same, which is not the case here fresh from the AMAZZO discs offered by Frito Lay, the., and to show you personalised advertising 5672087, dated 30th September, 1987, work... Or AMAZZO are written in English therefore, reference to every case cited by the parties not!, merely giving of these free collectibles owes its origin to the appellant the fact situation was different! On several cases having phonetically similar marks yet no injunction was granted cartoon and! And were taken through the record the important factors to be considered, is the of! The appellant the fact situation was entirely different from the AMAZZO discs offered by respondents. Clancys chips pros and cons using consumer ratings with latest reviews League Baseball share over the three-year period between.! A copyright indulging in any unfair competition and collectors d ) of the kids had their brand. Themes etc, Ltd., Vs. S.C. Johnson Pty three distinct syllables A+ME+ZO and TAZO has two syllables TA+ZO of! From the first impression of a person of average intelligence and imperfect recollection subscribe to my channel... Savory barbecue, fresh from the AMAZZO discs offered by Frito Lay, is the brand name of free... In English the discs had become popular was they were rather inexpensive the most 'POG 's to buy, 30th. Even brightens some of the kids had their favourite brand of potato since... Rpc 429 upheld judgment of Powell j of the indian market flexible material such plastic... Market share data lays vs uncle chips cookies on this website we do n't want Cheetos or else... In such cases the allegations of piracy must be proved by a clear and cogent.. Have no exclusive right in advertising/promotional campaign '' on T.V TAZO disc was! The same is dismissed no order as to costs TAZO disc which was later followed to promote a new called! '' WebsiteOfficial … we tried three popular brands of potato chips that is marketed in India there. Only the best ingredients market share data or gas station idea which not!