Anchor Health And Beauty Care Pvt Ltd vs Procter & Gamble Manufacturing ... on 9 May, 2014
17. Similarly, in Marico Limited vs. Agro Tech Foods Limited (supra),
the registered trade mark was "LOSORB" and "LO-SORB". The appellant
therein was also using the word "LOW ABSORB" though it was not a
registered trade mark. Defendant therein was using the trade mark
"Sundrop" with the expression "WITH LOW ABSORB TECHNOLOGY".
Hence, the issue was as to whether an action of passing off would be
maintainable against the defendant for use of the mark LOW ABSORB and
for infringement of the mark LOSORB and LO-SORB. The Court came to
the conclusion that the mark LOW ABSORB only describes the
characteristics of the product i.e. edible oil and ordinarily and normally
incapable of being distinctive. Hence, interim injunction as prayed for on the
ground of passing off was rejected. Injunction for infringement action for
LOSORB and LO-SORB was also rejected as prima facie the registration of
the plaintiff‟s mark in that case was invalid and no action for infringement
would lie.