using the
mark Royal Queen for whisky and adopting a trade dress which is
nearly identical to the trade dress of the plaintiff, the defendant ... plaintiff claims to
have introduced a distinctive packaging and trade dress for its Royal
Green Whisky, which was slightly modified in 2019. The trade dress
filed by the Plaintiffs for permanent injunction
restraining infringement of trade mark, trade dress, passing off, dilution and
tarnishment, damages, rendition of accounts ... bottle/container in May, 2007 as a trade mark bearing application no.
1560098. The said trade dress containing the unique shape of the container
Trade Marks Rules, 2017 and is entitled to be
protected as a well-known trade mark within the meaning of the
Trade Marks ... Similarities in Trade Dress of the Prior IRIS Trade Current Trade
essential features Infringing Product Dress of the Plaintiffs Dress of the
under the Impugned
Plaintiff's trade mark
COMBIFLAM, COMBIFLAM VET, and
COMBIFLAM, PAIN GONE, ZINDAGI (LIFE) ON and distinctive
artwork/ trade dress/packaging/getup/layout/colour combination ... COMBIPAR' and impugned trade-packaging
, which is identical/ deceptively similar
to plaintiff's trademark and trade-dress/ packaging for products sold under
Plaintiff No.3.
6. Plaintiffs also use a distinctive artwork/packaging/trade dress/overall
get-up/shape in respect of their products ['Plaintiffs ... trade
dress/packaging'].
CS(COMM) 831/2024 Page 2 of 15
This is a digitally signed order.
The authenticity of the order
permanent injunction
restraining infringement of trademark, copyright, passing off of
trademark/trade-dress, piracy of registered design, unfair trade practices,
rendition of accounts, along with ... among others.
2.2 The rights in the aforenoted trademarks and trade-dress are derived by
the plaintiff from M/s Archian Foods, under the Deed
other trade mark identical with or deceptively similar to
the Plaintiffs' trade mark/label/packaging/wrapper/trade dress and passing
off Defendant ... causing passing off and violation of the Plaintiffs'
trade mark/label/packaging/wrapper/trade dress.
40. Upon steps being taken by the Plaintiffs, issue
Plaintiffs' products bear the Subject Marks along with the Trade
Dress which often employ a green and orange colour combination,
CS(COMM) 1266/2025 ... Server on 03/12/2025 at 21:01:12
("Subject Trade Dress"). The Plaintiffs
have been using the Subject Trade Dress since
Dress is as under:
PLAINTIFF'S TRADE SIMILARITIES IMPUGNED TRADE DRESS
DRESS
Identical colour combination
of red and blue (of which the
Plaintiff ... members of the trade and public. Therefore, any adoption of
an identical or deceptively similar Trade Dress is likely to cause dilution of
the Plaintiff
present application relates to the alleged trade mark, trade dress
and design infringement, passing off etc. by the defendants of trade dress ... competing differentiation of the products entailing
infringement qua the trade mark, trade dress and design of the plaintiffs
and the defendants involved herein is extracted
