Facts:

• M/S Nandhini Deluxe, the Appellants were engaged in the business of running restaurants and had adopted the mark ‘Nandhini’ for its restaurants continuously since 1989. They had applied for registration of the said mark in respect of various food items sold in their restaurants under Classes 29 and 30.
• M/S Karnataka Co-operative Milk Producers Federation, the Respondents had adopted the mark ‘NANDINI’ in the year 1985 and under this brand name, it had been producing and selling milk and milk products under Classes 29 and 30.
• The Respondent had earlier opposed the registration and filed the objections before the Deputy Registrar of the Trademark but it was dismissed by the order dated 13.08.2007 allowing the said mark in favour of the Appellant.
• The Respondent appealed to the IPAB seeking cancellation of the Appellant's registration, which was granted by the Deputy Registrar. The IPAB accepted the Respondent's appeal on October 4, 2011. The Appellant's subsequent writ petition was dismissed by the High Court on December 2, 2014, affirming the IPAB's decision in favour of the respondent.
• The present case was an appeal before the Supreme Court filed by the Appellants seeking a reversal of the previous rulings.
  

Background:

• The Appellant (M/S Nandhini Deluxe) objected to the mark of the Respondent (M/S Karnataka Co-operative Milk Producers Federation) claiming similarities.
• Initially, the Deputy Registrar granted registration to the Appellant, and the IPAB Chennai cancelled the registration vide order date 04.10.2011.
• Subsequently, writ petitions were filed by the Appellant in the High Court of Karnataka which were dismissed vide order dated 02.12.2014 favouring the Respondents.
• Hence, the present appeal was filed.
  

Main Issue:

1. Whether the Appellant is entitled to seek registration of the mark ‘NANDHINI’ in respect of the goods in which it is dealt with, as noted above.
2. Whether such a registration in favour of the appellant would infringe rights of the respondent?