expressly defined to include the shape of
goods; (ii) The shape of the bottle of the Plaintiff forms part of the
trade dress ... even a
plausible explanation for adopting a shape which is strikingly
similar to the shape of the bottle of the Plaintiff.
::: Downloaded
EVEREST Coconut Oil bottle.
bottle
Indentations on the bottle cap Exact same indentations. When
with a particular cap shape. cap left open, the cap shape ... device almost identical to the
the bottle cap. „M‟ device embossed on top of the
bottle cap.
Drop shaped indentation on the Tick sign indentation
bottling it in attractive bottles giving a
resemblance almost akin to IMFL. The Country Made Liquor/PML was
normally being bottled in round shape ... size of the bottle and further it could be Glass bottles, pet
bottles, flexible bottles and pouches and that the shape could only be
specified
toilet cleaner bottle is functional, and the
respondent/ plaintiff cannot claim exclusive trade mark in the bottle shape
since the respondent/ plaintiff had obtained composite ... that the bottle
shape is functional, prima facie, appears to be correct, looking to the similar
shape of all the other bottles used
KELBY Club Soda (label) and/or
KELBY bottled water (label) and/or the offending bottle shape and/or any
other mark which is deceptively ... KELBY packaged drinking water, KELBY Club
Soda Bottle and KELBY Packaged Drinking Water Bottle Shape;
(iii) Copy of the Trademark Registration Certificate No. 1682367
dated
shape of the bottle and bottle cap, features and indentations on the
bottle shape, curved pattern on the bottle shape, the distinctive style of
writing ... have been incorporated whilst retaining the original
distinctive shape. Consumers associate the shape of the Harpic bottle
exclusively with the Plaintiffs' Products under
dress as well as the design of their bottles.
23.2. She states that the bottle shape and trade dress of the Plaintiffs'
products, Harpic ... these
goods also extend to the shape of the bottles.
Although the bottle shape and trade dress of the Plaintiffs' products,
Colin and Lizol
distinctive and unique bottle shape. The consumers
recognize the plaintiffs' product by the shape of the bottle in which its
'HARPIC' branded ... bottles of the
plaintiffs products under the trademarks 'HARPIC', 'LIZOL', 'DETTOL'
and the trade dress and bottle shapes associated
relation to
its bottled drinking water sold under trademark KINLEY. In India, Plaintiff
commenced use of the DANUBE BOTTLE shape in the year 2008, while ... similar to those of the Plaintiff's, including bottled water under
the DANUBE BOTTLE shape and/or TWO DROP design label of the
Plaintiff
KELBY Club Soda (label) and/or
KELBY bottled water (label) and/or the offending bottle shape and/or any
other mark which is deceptively ... KELBY packaged drinking water, KELBY Club
Soda Bottle and KELBY Packaged Drinking Water Bottle Shape;
(iii) Copy of the Trademark Registration Certificate No. 1682367
dated