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December 2016

IPR Amicus: October 2016

Article

Trade-dress Infringement - It’s all about the looks

The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours. Recently, the High Court of Delhi examined the aspect of deception and confusion, initial interest etc., in respect of colour scheme adopted, the method and placement of various elements on the packaging by two entities selling digestive biscuits.

 

Ratio decidendi

  • Mere phonetic similarity between marks not sufficient to prove infringement – Madras High Court
  • Weighing confusion as regards foreign word ‘Aachi’ in the light of visual and phonetic similarity – TTAB (US) holds that similar marks may cause confusion
  • Writ urging infringement of privacy by internet messaging service changing privacy policy - High Court refuses to entertain writ
  • Similar marks to be compared as a whole to determine if confusion is caused – Bombay High Court

 

Statutory Updates

  • The IPAB has issued certain notifications on non-insistence of NOC in case of change of counsel and on manner of filing of evidence.

 

October, 2016/Issue-63 October, 2016/Issue-63

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