Case Note & Summary
The plaintiffs, Colgate-Palmolive Company and Colgate Palmolive (India) Limited, filed a suit in the Bombay High Court against M/s. Hindustan Rimmer and another for infringement of their trademark, passing off, and copyright violation. The plaintiffs alleged that the defendants were manufacturing and selling tooth powder in cans that were deceptively similar to the plaintiffs' registered trademark and the get-up of their Colgate Tooth Powder can. The defendants failed to file a written statement and did not appear at trial. The court framed issues on trademark infringement, passing off, and copyright infringement. The plaintiffs examined Dinesh Castalino, Deputy Company Secretary, who tendered an affidavit and exhibited documents including the trademark registration certificate and samples of the defendants' can. The court found that the defendants' can was identical or deceptively similar to the plaintiffs' can in colour scheme, design, and get-up, and that the defendants had infringed the plaintiffs' trademark No. 290361. The court also held that the defendants were guilty of passing off their goods as those of the plaintiffs and of breaching the copyright subsisting in the Colgate Tooth Powder can as an artistic work. Consequently, the court decreed the suit in favour of the plaintiffs, granting a permanent injunction restraining the defendants from using the infringing can, and ordering delivery up of infringing goods and costs.
Headnote
A) Trademark Law - Infringement - Section 29 Trade Marks Act, 1999 - Deceptive Similarity - Plaintiffs proved that defendants used a deceptively similar can for tooth powder, infringing their registered trademark No. 290361 - Held that the defendants' can was identical or deceptively similar to the plaintiffs' can, causing likelihood of confusion (Paras 1-4). B) Passing Off - Unfair Competition - Common Law - Get-up and Colour Scheme - Plaintiffs proved that defendants by using a can bearing identical colour scheme, design and get-up sought to pass off their goods as those of the plaintiffs - Held that the defendants' actions amounted to passing off (Paras 1-4). C) Copyright Law - Infringement - Section 51 Copyright Act, 1957 - Artistic Work - Plaintiffs proved that defendants by using the can were guilty of breach of copyright subsisting in the Colgate Tooth Powder can as an artistic work - Held that the defendants' can reproduced the plaintiffs' artistic work without licence (Paras 1-4).
Issue of Consideration
Whether the defendants by using a deceptively similar can have infringed the plaintiffs' trademark, passed off their goods, and breached copyright subsisting in the Colgate Tooth Powder can.
Final Decision
Suit decreed in favour of plaintiffs. Permanent injunction granted restraining defendants from manufacturing, selling, or using cans bearing a deceptively similar trademark or get-up. Defendants ordered to deliver up all infringing goods and materials. Plaintiffs entitled to costs.
Law Points
- Infringement of trademark
- passing off
- copyright infringement
- deceptive similarity
- artistic work
