Facts
The plaintiffs a Company, incorporated under the provisions of the Companies Act, having its registered office at Hindustan Lever House had been marketing detergent cakes under the name and trademark Rin which is registered since year 1968. The trademark ‘RIN’ as well as the label are registered under the Trade and Merchandise Marks Act, 1958. It is alleged that the plaintiffs are also the registered proprietor of the artistic work in label “RIN’ and holds registration under the Copyright Act” . The wrapping of the cake is done in typical blue background red bold lettering with white shades. There are Majority of its customers from rural areas who don’t understand English and recognize the product by wrapper itself. It came to the knowledge of the plaintiffs that the defendants are manufacturing and selling a detergent cake with the brand name Step. The word Step is written in the same characteristic manner as that of Rin. Even the shape, size and weight of the defendant’s products were same. The plaintiffs contented that it is harming their economic interests as their sales in the rural areas has fallen steeply, hence filed the petition for permanent injunction and for rendition of accounts.
issue
1.Whether the defendant has infringed the trade mark and copyright of the plaintiff?
2.Whether the goods of the defendant under label ‘Step’ are being passed off and/or are likely to pass off as the detergent cake of the plaintiff’ manufacture
3.Whether the copyright in the label of the plaintiff, get up, size and weight have become common to this trade?
Contention of defendant:
it has been contended in the written statement that the colour combination scheme of blue, white and red colours, used in the wrappers by the plaintiff-Company , has become quite common to the trade for the last so many years and a large number of manufacturers of detergent cakes are using the said colour scheme openly in respect of their wrappers for sale of their products of detergent cakes. It is further stated that the size and weight of the detergent cakes of all the manufacturers are also the same as governed by the Weight and Measurement Rules. It is contended that the wrappers used by the defendants cannot at all cause any confusion or deception in the market and trade and that the mark ‘STEP’ is depicted on the label of the defendants so prominently and boldly that it seems reckless to say that even an illiterate person can be confused or deceived by the defendant’s detergent cake ‘STEP’ when he actually wants to buy plaintiff’s detergent ‘RIN’.
BY: PRIYANKA GANGWAR
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