which the respondent packs or sells its products.
14.9 The trade mark, or trade dress, that a trader chooses to use for his
goods ... under
Section 13512 of the Trade Marks Act, can be issued only if the trade
mark or trade dress is infringing, or results in passing
infringement of the
Plaintiff's copyright vesting in the artwork / trade dress / packaging / get-up
/ layout / colour combination / colour arrangement / overall representation
, , , ("Subject ... Trade
Dress") and passing off on account of the Defendants' use of the trade dress
/ packaging / get-up / layout / colour combination / colour arrangement
manner with phenyl or any
other goods with or without a trade dress that is deceptively similar to the
Plaintiff's "DOCTOR BRAND ... PHENLYE" mark/trade dress, thereby
amounting to passing off their goods as those of the Plaintiff's or in any
way which suggests
apparent reason adopts a deceptively similar trade mark
or a deceptively similar trade dress to another it would be
difficult to avoid an order ... Healthcare (supra). Even from the
threshold of the settled test, Trade Marks / Trade Dress are
judged as a whole, not by a part-by-part
trade name/trademark
'RASAYANAM'; the grievance raised was limited to defendant's use of
a similar trade dress;
6.3 Statutory provisions ... albeit with different trade names. The colour combination and getup is
rightly part of what is known as a "trade dress
Plaint,
either as a trade mark or part of a trade mark, or as a
label/trade dress or part of a label/trade dress ... Plaint, either
as a trade mark or part of a trade mark, or as a
label/trade dress or part of a label/trade dress
usage of the logo "Muthoos Enterprises"
and the trade dress, only in the year 2019, is a false statement and has
been made ... label?;
b) Whether the defendant's adoptation of an identical trade dress as
that of the plaintiff's distinct label or packaging amounts
Trade Marks Act ) and under
common law should be examined from the perspective of deciding whether
the entire product can be construed as trade dress ... shape marks, there is nothing in the Trade Marks Act that indicates that
product configuration trade dress cannot be protected under statute or
common
those of the Plaintiff, including products in similar
packaging, get-up, trade dress as well as infringement of copyright in the
artistic work comprised ... that the
registered trademark APPLESTREE as well as packaging/trade dress has
been used by the proprietor of Palm Abrasives, Late Shri Yogesh Gupta
from
three products are registered as trade
marks either. Instead, the plaintiffs assert that the products and the trade
dress cannot be separated and that ... shape marks, there is nothing in the Trade Marks Act that indicates that
product configuration trade dress cannot be protected under statute or
common
