T.V. VENUGOPAL v. USHODAYA ENTERPRISES LTD. AND ANR.

mark 'Eenadu' in the State of Andhra Pradesh A would definitely create confusion in the minds of the consumers because the appellant is selling Agarbathies marked 'Eenadu' as to be designed or calculated to lead purchasers to believe that its product Agarbathies are in fact the products of the s respondent company. In other words, the appellant wants to ride on the reputation and goodwill of the respondent company. In such a situation, it is the bounden duty and obligation of the court not only to protect the goodwill and reputation of the c respondent company but also to protect the interest of the consumers;

e) Permitting the appellant to sell its product in the State of Andhra Pradesh would amount to encouraging the appellant to practise fraud on the consumers;

f) Permitting the appellant to carry on his business in the name of 'Eenadu' in the State of Andhra Pradesh would lead to eroding extra-ordinary reputation and goodwill acquired by the respondent company over a passage of time;

g) Appellant's deliberate misrepresentation has the potentiality of creating serious confusion and deception for the public at large and the consumers have to be saved from such fraudulent and deceitful conduct of the appellant.

h) Permitting the appellant to sell his product with the mark 'Eenadu' would be encroaching on the reputation and goodwill of the respondent company and this would constitute invasion of proprietary rights vested with the respondent company.

1056 SUPREME COURT REPORTS [2011] 4 S.C.R. • A i) Honesty and fair play ought to be the basis of the policies in the world of trade and business.

103Copy pinpoint103. The law is consistent that no one can be permitted to encroach upon the reputation and goodwill of other parties. This approach is in consonance with protecting proprietary 8 rights of the respondent company.

104Copy pinpoint104. Consequently, the appeals are disposed of in terms of the aforesaid observations and directions.

c 105. In the facts and circumstances of this case, the parties are directed to bear their own costs.

B.B.B. Appeals disposed of.