High Court held that the wrappers and labels
were mere colourable imitations of the genuine trade mark,
but were not counterfeit and acquitted the respondents ... person. It was not
necessary to import words like " colourable imitation" in S.
28 . Explanation i of s. 28 provided that
design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or of such
apply in any manner the Standard Mark, including the Hallmark, or colourable imitation thereof, on any goods or article; and make any claim in relation ... under sub-section (1) a Standard Mark, including Hallmark, or any colourable imitation thereof, unless such goods or article conforms to the relevant standard
being in force, no person shall use the emblem or any colourable imitation thereof in any manner which tends to create an impression that
trade mark or design the Standard Mark or any colourable imitation thereof, except under a license. (2) No person shall, notwithstanding that he has been ... relation to any article or process the Standard Mark or any colourable imitation thereof unless such article or process conforms to the Indian Standard
packets bearing the trade-mark of an elephant which is a colourable imitation of the plaintiff's trade-mark.
2. The plaintiff ... because the trade-mark used by the defendant was not a colourable imitation of the plaintiff's trade-mark. On these grounds he dismissed
judgment, such minor changes in the colour scheme are of no significance as the defendant has colourably imitated the essential features of the star device ... Colour Cartons Ltd. for improvement. Since the quotations given by M/s. Colour Cartons Ltd. did not find favour with the defendant. M/s. Colour
trade mark or design, a Standard Mark or any colourable imitation thereof, except under a valid licence from the Bureau
been granted certification, with the Standard Mark, including Hallmark, or any colourable imitation thereof, unless such goods or article is marked with a Standard Mark
emblem is an emblem specified in the Schedule or a colourable imitation thereof, the competent authority may refer the question to the Central Government
