High Court of Bombay

Faber-Castell Aktiengesellschaft and Ors. v. Cello Pens Pvt. Ltd. and Ors.

MANU/MH/2373/2015

03.09.2015

Intellectual Property Rights

Cello’s crayon packaging ‘passing off’ for Faber-Castell

The Court accepted Faber-Castell’s submissions that Cello’s packaging of its crayons in two recessed trays facing each other and set in a larger outer container was indistinguishable from its own. It noted that though the design of the crayons was in the public domain, the arrangement of elements of shape, aesthetics and finish by Cello were more than merely coincidental. With regard to the high possibility of buyers being confused between the competing products and the continuing loss to Faber-Castell, Cello was restrained from manufacturing or selling the infringing products.

Relevant

M/s. Smithkline Beecham Plc. & Ors. v M/s. Hindustan Lever Limited & Ors., MANU/DE/1054/1999
Whirlpool of India Ltd. v Videocon Industries Ltd. MANU/MH/1174/2012
Gorbatschow Wodka K.G. vs. John Distilleries Limited MANU/MH/0630/2011

Tags : Ipr crayon passing off packaging

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