Where an attempt to confuse or deceive is discernible, the court leans in favour of finding the attempt to have been successful, rather than a failure. Dishonesty, in cases of intellectual property infringement, imperils the case of a defendant to no insubstantial extent. HELD connoisseur of the plaintiff’s alcoholic “BREEZER” would not partake of the defendants’ non-alcoholic “FREEZ mix”. The triple identity test, of similarity of marks, similarity of products and availability through common sources, is also, therefore, satisfied . Defendant restrained

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