Case Note & Summary
The case involved the prosecution of two respondents for selling counterfeit soaps resembling genuine Sunlight and Lifebuoy brands. The prosecution was initiated after a Trade Marks Investigator discovered the counterfeit products being sold in Lucknow. Following a raid, the respondents were convicted by the Magistrate under Sections 482 and 486 of the Indian Penal Code. However, the High Court acquitted them, stating that the wrappers were merely colourable imitations and not counterfeit. The State of Uttar Pradesh appealed this decision. The Supreme Court analyzed the definitions of counterfeiting under Section 28 of the Indian Penal Code, emphasizing that it is not necessary for the imitation to be exact for it to be considered counterfeit. The court found that both the Magistrate and Sessions Judge had concluded that the resemblance was such that it could deceive a person, a point overlooked by the High Court. The Supreme Court allowed the appeal, set aside the acquittal under Section 486, and remanded the case back to the High Court for further consideration on jurisdiction and other points.
Headnote
A) Criminal Law - Counterfeiting - Definition and Application - Indian Penal Code, 1860, Sections 28, 486 - The court held that the wrappers and labels sold by the respondents were counterfeit as they closely resembled the genuine products, and the necessary intention or knowledge to deceive was presumed. The High Court's finding of mere colourable imitation was incorrect as it failed to consider whether the resemblance could deceive a person (Paras 1-2).
Issue of Consideration
Whether the wrappers and labels used by the respondents were counterfeit under Section 28 of the Indian Penal Code.
Final Decision
The Supreme Court allowed the appeals, set aside the acquittal under Section 486 of the Indian Penal Code, and remanded the cases back to the High Court for further consideration on jurisdiction and other relevant points.
Law Points
- Counterfeiting
- Trademark Infringement
- Deception
- Indian Penal Code
- 1860
- Section 28
- Section 486
