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Whether the court should grant injunction to prohibit Defendant to open a restaurant under the name “Nando’s”?

Sub issues-

Whether Nandu’s and Nando’s are similar marks?

Whether the goods and service they provide are identical or similar?


The rule of law applied in the case of Balkrishna Hatcheries v Nandos International Ltd 2007 is that in order to succeed in a claim for trademark infringement, the plaintiff must establish that the defendant's use of the trademark is likely to cause confusion amongst consumers.

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