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passing off their goods and they are
imitating the trade dress in making the suit cases to sell their
products ... artistic work."
4. About the passing off and trade dress the plaintiffs would put their
case thus :-
"The plaintiffs submit
Delhi High Court
dispute pertains to
trade mark, emphasis being on trade dress. Though reference is made in
the grounds of appeal ... Copyright Act, arguments were mainly
focussed on 'trade dress'.
2. The appellant Kellogg's Company sells Corn Flakes with cartons
Delhi High Court
retained a
recognizable uniformity and constitutes a trade dress in relation to
plaintiff's product for over a period ... packagings have misappropriated the
plaintiff's 'COLGATE' dental cream trade dress in terms of lay out,
get up and colour
Delhi High Court
plaintiff
seeks ad interim injunction against the use of trade dress and colour
combination of one third ... product viz. Tooth Powder as by adopting the similar
trade-dress particularly the colour combination of "red and white
Delhi High Court
competition by
adaptation of impugned labels, names and the trade dress by the
defendants similar to that of the plaintiff ... Judge after referring to the case law
pertaining to 'trade dress' of the appellant dismissed the IA
observing
Delhi High Court
selling, advertising, offering to sell, using the plaintiff's trade dress or any mark or product which is identical with ... deceptively similar or confusingly similar to the plaintiff's trade dress of the products
Madras High Court
past over a decade under a distinctive label
and trade dress. The aforesaid label and trade dress constitute an original ... plaintiffs' trademark comprising ROYAL STAG label and the
trade dress have become distinctive of the whisky marketed by and originating
Delhi High Court
such popular
that even the similar get up or trade dress of any other such kind of
product would lead ... Company has developed such trade mark with a particular
trade dress including colour scheme, get up, arrangement and trade
dress
Gujarat High Court
selling, advertising, offering to sell, using the plaintiff's trade dress or any mark or product which is identical with ... deceptively similar or confusingly similar to the plaintiff's trade dress of the products
Madras High Court
infringement of copyright in so far as trade dress, packaging and instructions are
concerned, which according to the plaintiffs ... bear the infringing mark „WHIP TOPPING‟ or the impugned trade dress or get up, is
also prayed
Delhi High Court
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