High Court of Delhi

Deere and Co. and Ors. v. S. Harcharan Singh and Ors.

MANU/DE/2873/2015

05.03.2015

Intellectual Property Rights

Court upholds Deere trade dress

In a case where the Plaintiff, a well-known manufacturer of agricultural equipment in India and abroad, alleged unauthorised use of its logo and trademarked colour scheme, the Court recorded a settlement between the parties. The Defendants undertook to cease making use of the ‘trade dress’ (colour scheme) and forgo filing an application before the Trademark Registry for registration of a logo; the Plaintiffs agreed to not pursue damages and other compensation. Looking at the colour scheme, itself applied in a unique manner, it was proven to have characteristics of a trade mark on the basis of the duration for which it had been used, documents evidencing the same, literature of the Plaintiff pertaining to agricultural equipment and monies spent advertising the same.

Relevant

General Electric Company v. J. Singh and Ors. MANU/DE/7147/2011
Daimler Benz and another v. Hybo Hindustan MANU/DE/0035/1994
Reckitt & Colman Products Limited v. Borden Inc and Ors. MANU/UKHL/0012/1990

Ipr, trade, dress, logo

Tags : Ipr trade dress logo

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