While Perfetti is the Indian arm of an Italian confectionery multinational, Candico is a home grown Indian company which is the manufacturer of the country's largest range of sugar confectionery.

In an interim order passed on September 5, 1998, additional district judge LR Deshmukh held that Candico had established a prima facie case that it had been marketing a bubble gum branded as `Big Bubble Gum' for nearly ten years and that the use of `Big Babol' brand by Perfetti was an infringement on Candico's rights under the Trade and Merchandise Marks Act of 1958.

The judge ruled that, "The defendent company (Perfetti), its men, servants, agents, stockists and distributors are hereby restrained from using the words`Big Babol' and/or other words confusingly or deceptively similar to the `Big Bubble Gum' in relation to the gum products marketed by Candico."

Thus Perfetti has been restrained from using the brand `Big Babol' till such time that the final hearing takes place.

Perfetti set up base in India a few years ago with the launch of Big Babol. In fact, it was Perfetti which initially took on the Indian company and served Candico a notice to `cease and desist from using in any manner' the phrase `The Big Bubble Gum' on its gum product wrappers.

Countering the move, Candico filed the civil suit in the Nagpur court. Candico's other popular brands of sugar confectionery include Mint-O, Loco Poco and Freedom.

It was maintained that the children, who are the consumers of the gum products are easily misled by a deceptively similar brand name and the customer's are, in a way, made to believe that the products under the trade name `Big Babol' belong to the other company which sells its brand as `Big Bubble Gum'.

Itfurther added that if the injunction which is sought by Candico is not granted in its favour, then the company would suffer an irreparable loss which cannot be compensated in terms of money.