Recently,
In the present case,
The Court held that "There is no doubt that the rival labels are being used for identical products under nearly identical packaging and trade dresses. The similarity in the rival packaging/labels cannot be a matter of coincidence." Brief Facts
- Whether the Plaintiffs are the owners of Copyright in Plaintiff's packaging of their products "
MONACO ", "KRACKJACK" and "HIDE & SEEK"? - Whether the Defendants have blatantly copied the Plaintiff's packaging and label concerning their aforementioned products?
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In the years 1939, 1971, and 1996 the Plaintiff began manufacturing its popular biscuits - "
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Ever since, To secure its statutory rights in the "
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In the months of
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Further, it was disclosed that the Plaintiff's packaging was created/authored by Mr.
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In and around the second week of
Issues Involved
After having found Defendant's impugned products, Plaintiff produced photographs of Defendant's impugned products "CRACKO", "KRACKER KING", & "
The aforementioned findings resulted in the formation of the following issues before the
Plaintiff's Contentions
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It was submitted that according to the Nielsen Report for the year 2010 Plaintiff's brand PARLE-G was certified as the world's largest selling biscuit brand.
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It is stated that since the beginning, Plaintiff has been openly, continuously, and extensively using
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It is also stated that Plaintiff has taken efforts to popularize their products bearing its Packaging and have been expending substantial sums of money and efforts towards popularizing and promoting sales of the relevant goods in
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It was submitted that its Packaging includes the features thereof that have become distinctive of its goods and connote and denote to the members of the general public and trade the goods of Plaintiff alone and no one else.
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It was argued that the Defendants have intentionally stocked their impugned products on the shelves alongside Plaintiffs' products
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It was contended that the Defendants had copied every element of
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He further submitted that Defendant's usage of Plaintiff's trade dresses, labels, and packaging amounted to an infringement of Plaintiff's copyrights and passing off.
Comparison between the two goods are reproduced below:
Identical Packaging Infringement- Similarity in rival packaging cannot be coincidence
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It was noted by the Hon'ble
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The Court held that there were prima facie evidences that the Plaintiffs were the original owners of copyrights on the packaging of their products through which their brand Parle has gained substantial value in terms of reputation and goodwill.
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With regards to the findings,
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