Delhi High Court Orders Seizure of Infringing Toothbrushes in Trademark Dispute
Delhi High Court Orders Seizure of Infringing Toothbrushes in Trademark Dispute
Introduction
The Delhi High Court has delivered a judgment in a trademark infringement and passing off suit filed by Colgate Palmolive Co against John Doe & Ors. The court has granted an interim order directing the Customs Department to seize boxes marked 'ASB026' and 'ASB027' in Container No. IAAU1891912, containing allegedly infringing toothbrushes.
Factual Background
Colgate Palmolive Co, a renowned company dealing in oral and dental hygiene products, has been using the trademarks 'COLGATE' and distinct 'Red-White' and 'Red-Blue' color combinations for its products. The company claims that its products have acquired goodwill and reputation in the market. The plaintiff alleged that huge quantities of 'DOCTOR GOOD' toothbrushes bearing a similar trade dress were being imported from China to India.
Issues
- Whether the defendant's use of a similar trade dress constitutes trademark infringement and passing off?
- Whether the plaintiff is entitled to an interim injunction restraining the defendants from using the impugned trade dress?
Contentions of the Parties
Plaintiff's Contentions: The plaintiff contended that the defendants' use of a similar trade dress is likely to cause confusion among consumers and constitutes trademark infringement and passing off. The plaintiff also claimed that it has a valid trademark registration for its trade dress.
Defendants' Contentions: The defendants were not present in court, but the court considered their potential arguments based on the pleadings.
Reasoning and Analysis
The bench of Justice Tejas Karia observed that the impugned trade dress used on the infringing goods is deceptively similar to the plaintiff's trade dress. The court held that the plaintiff has made out a prima facie case of trademark infringement and passing off. However, the court refrained from granting an interim injunction without ascertaining the presence of the products bearing the impugned trade dress in the boxes.
Implications
The court's order highlights the importance of protecting trademark rights and the potential consequences of infringement. The decision also underscores the role of customs authorities in preventing the importation of infringing goods.
In this case the plaintiff was represented by Ms. Swathi Sukumar, Senior Advocate with Mr. Rishabh Gupta, Mr. Arpit Singh and Ms. Shruti Manchanda, Advocates.
