various other pharmaceutical preparations under
the trademark BETADINE bearing a distinctive trade dress. These
products under the trademark BETADINE are sold in various
packaging including ... trade and the public at large by
manufacturing/marketing/selling its products under the mark
BECTODINE in packaging/ label/ trade dress comprising of similar
Infringement of copyright and passing off of the trade-dress in
CS(COMM) 1170 of 2016. The prayer clause 50(i) of the said plaint ... Registration No. 253140.The said Defendants are trading in
products which clearly infringe the copyright and trade-dress of the
Plaintiffs' Advanced Beard Trimmer
infringement of copyright is concerned, it is claimed that the trade dress and the artistic features are completely different for the two. The allegation ... copyright in the entire get-up, the lay-out and trade dress. The application of the plaintiff before the Trademark Registry is stated
plaint as a trade mark/label or part of a trade
mark/label, trade name or a part of trade name, domain
name ... which is deceptively or confusingly similar to the Plaintiff‟s
trade marks/ label/trade dress/packaging/bottle shape;
C. Costs of the present application
GOwalk 3 series of footwear which constitute a distinct
trade dress and acts as a unique source identifier of their footwear.
8. On account ... long, extensive and continuous use of the
distinctive trade dress by the plaintiffs No. 1 and 2, the use by any other
unrelated entity
ENTICER/ENTICER ART series in their get-up, layout, trade-dress, colour
scheme, pattern etc., in any manner, amounting to infringement, passing off,
unfair competition ... including ENTICER/ENTICER ART and ENTICER ART-NS STONE.
Further, the trade dress, get-up, layout, pattern, shape etc. of Plaintiff's fans
plaintiff under the trade mark ‗CROCS', by adopting
and copying the shape trade mark/trade dress of the plaintiff, and for
ancillary reliefs were ... plaintiff using the registered design as a shape/trade
mark/trade dress and the plaintiff has neither pleaded nor argued as to what
product MOOV. The appellant-Company has developed such trade mark with a particular trade dress including colour scheme, get up, arrangement and trade dress ... pain reliever ointment is registered under the Trade Mark Act with a particular trade dress, colour scheme, get up, arrangement and dress and the said
functional in nature. ............................................ 44
5. Is there similarity in the trade-dress/ get-up, constituting passing-off, and
if so, can an injunction ... protected as a
trade mark, if it is used as a source identifier. Plaintiffs have common
law rights in the trade dress
must put competitors at a significant non-reputation-related disadvantage before trade dress protection is denied on functionality grounds. Id. at 940 (quoting Qualitex ... concerned with the novelty and factors like shape configuration etc.
12.TRADE DRESS:
A trade dress constitutes the design and appearance of a product together
