Iag Company Ltd. vs Triveni Glass Ltd. on 18 May, 2004
34. A Single Bench judgment of the Bombay High Court in the case of Faber Castell Aktiengesellschaft v. Pikpen (P). Ltd., reported in 2003(7) Indian Law Decision 797 (Bom), has also come to the same conclusion. Reliance on this decision was placed by learned Counsel of both the sides. In Faber Castell, the plaintiffs, who were selling marker pens, alleged that the defendants had adopted an identical design in their products and the defendant's trade mark 'Textliner' was also identical, which was even arranged in the same manner as on the plaintiffs' marker pens. The plaintiffs were the proprietors of the said design registered in 1997 under the old Act. Therefore, the plaintiffs prayed for an injunction restraining the defendants from infringing the plaintiffs' registered design. The plaintiffs also claimed injunction restraining the defendants' from passing off heir highlighters under the trade mark 'Textliner' by using the said trade mark. The learned Judge dismissed the plaintiffs' prayer for injunction against the alleged infringement of copyright, but granted the prayer for injunction in the passing off. In the instant case before us, no case of passing off was made out.