The Delhi High Court has granted an interim injunction restraining Grand Chemical Works from selling cleaning products under the ‘GAINDA’ mark in trade dresses copying the distinctive get-up of Reckitt’s HARPIC, COLIN, and LIZOL brands. In this trade dress passing off case, the court had to decide whether an overall similarity in bottle shape, colour scheme, and packaging layout could overwhelm a prominently different house mark and how far a design that has expired can still live on as trade dress.
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Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi
The Delhi High Court ruled in favour of Zippo Manufacturing, granting a permanent injunction against the sale of counterfeit lighters infringing its trademark. The Court recognized the distinctiveness of Zippo’s lighter design and awarded damages to the plaintiff.
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