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
albeit allegedly until 15.04.2022. Not only did the Defendant copy the
trade-dress etc. and adopted the infringing trademark, it also used the
photograph ... conceptual similarity". Plaintiff has pleaded that the trade name, trade
dress, get-up, colour combination etc. of the products under the trademark
Newton
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
mark
RAJNI PAAN, RAJNIPAAN, ; Plaintiffs'
trademarks RAJNI, RAJNIGANDHA
including trade dress and any
other mark deceptively similar thereto leading to:
a) Infringement of Plaintiffs ... other material of the Defendants
containing the mark RAJNIPAAN trade
(colour) marks including trade dress and the colour
combination of Plaintiff;
CS(COMM) 1255/2018
further averred that in addition, Plaintiff uses a distinctive trade
dress to distinguish its products under the trade marks JARDIANCE® and
JARDIANCE ... stated that on account of extensive use and promotion, the
aforesaid trade dress is exclusively and closely associated by the consumers
and members
ELECTRAL, word and logo, along with various iterations of the trade dress,
containing the white and green colour combination. The registrations are
valid and subsisting ... customers as well as
among people in the trade. The green-and-white packaging/trade dress
serves as a source identifier of Plaintiff
including India. Details of some of the
registrations for the KINLEY Trade Dress in India are mentioned in the
plaint. These trademark registrations have been ... further averred that since the adoption of the KINLEY trade
dress, Plaintiff has undertaken extensive marketing efforts, which have
resulted in the KINLEY trade dress
BLUE whisky has been sold in a distinctive label, packaging
and trade dress, with minor variations from time to time and the whisky has
acquired ... goodwill and reputation enjoyed by the trade mark IMPER IAL BLUE
and the related label/packaging/trade dress can be ascertained from the
statement
stated that the packaging/trade dress of the bottles is distinctive
and unique and constitutes 'original artistic work' in the form of shapes ... consumers and members of the trade, if Defendants
continue to sell the impugned products under the impugned trade
dresses/labels/packaging.
32. Having heard learned
bearing the unique, peculiar and distinct packaging, unique
artistic work and trade dress is scanned and placed below:
Subsequently, Plaintiffs changed the packaging ... PLUS products bearing the abovementioned unique, peculiar,
distinct artistic work and trade dress in the year 2012 and have been
continuously and uninterruptedly using
