unfair competition by adaptation of impugned labels, names and the trade dress by the defendants similar to that of the plaintiff and using the plaintiff ... Single Judge after referring to the case law pertaining to 'trade dress' of the appellant dismissed the IA observing:
"If the trade
structurally identical and / or deceptively similar. He
submitted that the packaging / trade dress of the Defendant's impugned product is
also same as that ... product. He pointed out the similarities between the
rival packaging / trade dress, details of which are more particularly provided in
paragraph 14 of the Plaint
1120/2016 Page 10 of 73
(viii) By using the same trade dress as used for Products sold
under the REYNOLDS Trademarks and the other ... Schedule B-3), and any other artwork,
design, image, concept, trademark, trade dress,
trade secret, copyright, patent or invention
CS(COMM) 1120/2016 Page
logo as that of the plaintiff
apart from using a packaging/trade dress that is a blatant imitation of
CS(OS) No.144/2011 Page ... plaintiff's packaging/trade dress for its packaged milk. The
similarity is very evident from a side-by-side comparison of the two
marks
parties their respective trade marks are prominently displayed. The trade-marks of both the Plaintiffs and the Defendants are well known trade-marks internationally. Considering ... well known trade mark of the Defendants and that of the Plaintiffs which are prominently displayed on their respective trade-dress, the similarity
case that the Defendant's adoption of its deceptively similar trade dress, infringed its
copyrights in its "GEMINI-Refined Sunflower Oil" product ... copyright in its various artwork
used as its packaging and trade dress and as contained in
Exhibit E.
(b) pending the disposal of the Suit
similar/identical to the plaintiff trade mark/labels etc. Since the
defendant's trade mark label/trade dress is identical and deceptively
similar ... plaintiff. I have also
examined and compared the trade mark/trade dress/label of plaintiff with
that of the defendant and am convinced that
Copyright Act 1957 (hereinafter Copyright Act ) over its trade/label
mark and trade dress, the colour combination, layout, get up and the
lettering style used ... members of the trade and public in
general.
66. The plaintiff's witness has stated that the label mark / trade dress
of the defendant
registered design bottle and label. The entire get-up
or trade dress of the plaintiff's Aseptic Brick Pack sets
apart the plaintiff ... development
and brand promotion of its trade name/ trademark. The
trademark Original Choice with its distinctive
packaging/trade dress have become synonymous with
the plaintiff
plaintiff is also owner registrations of labels/trade dress/packaging for the
brand PARACHUTE which have been either acquired from the plaintiff's
predecessors ... Trade Marks and Copyright.
2.10. It is submitted that defendant's adoption and unauthorized use of
impugned label and trade dress under the trademarks
