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
rectangular shape inspired from shape and proportion of a
smart phone; its smooth rounded shoulders and symmetrical
edges; protruded 'v' shaped neck situated ... again, a purely functional feature which is common to all
bottles of that shape and configuration, and is intended to confer stability
to the bottle
rectangular shape inspired from the shape and
proportion of a smartphone; (c) smooth rounded shoulders and
symmetrical edges; (d) protruding V-shaped neck situated ... rectangular
shape inspired from the shape and proportion of a smartphone; (c) smooth
rounded shoulders and symmetrical edges; (d) protruding V-shaped neck
situated
applied to a
distinctive bottle since 1984. 'HARPIC' and its formative marks, its label,
device, and bottle shape have also been registered ... plaintiff's
Red Bottle and White Cap Trade Dress Variant
, from using the blue and red bottles shaped as
and/or any other bottle
plaintiff is the registered
proprietor of the trade dress DANUBE BOTTLE shape and the TWO DROP
design label, details whereof have been given ... Signed
By:SHALOO BATRA
Signing Date:25.06.2022
products, including bottled water, under the DANUBE BOTTLE shape
and/or TWO DROP design label of the plaintiff
defendant product, the
overall shape is almost similar. The colour scheme of the
label is similar. The shape of the bottle of both plaintiff ... volume of the bottle is
similar. The neck of the bottle is slightly elongated. The
cap of the bottle is in a unique design with
restrain the defendant from launching its product
in a bottle having the shape similar to that of the plaintiffs for vodka.
The plaintiffs alleged that ... word mark and the
shape mark, both are registered under the Trademark Rules,
2017. The shape of the bottle in which the plaintiff
manufactures
package in which the bottle is sold. Mr. Hemant
Singh further submits that the defendant's bottle, along with the label
affixed thereon, are also ... well as
the label thereon. He points out that the shape of the bottle of the
defendant is identical to that of the bottle
said pamphlet the picture of a flying tiger and a hexagonal
shaped bottle is indicated in the name of Rangoon
Chemical Works. The said advertisement
subsisting as of date. Reckitt also obtained
registration for the shape of their bottle used for packaging Harpic
branded products in India. It claims that ... shape of the bottle is unique
Signature Not Verified
Digitally Signed
By:Dushyant Rawal FAO(OS)(COMM) 149/2021 Page 2 of 24
Signing Date
