Conscious attempt to copy another s packaging does not constitute passing off: HC
SECTIONS
Last Updated: Apr 05, 2021, 04:34 PM IST
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The court further observed that unless a consumer is liable to get confused or deceived, no case of infringement or passing off can be said to exist based on the intentions of the company which copied the packaging.
Agencies
The court s observation came while dismissing Brittania Industries application seeking an interim injunction, restraining the defendants, ITC Ltd from manufacturing or selling biscuits in the packing under challenge.
A conscious attempt by a company to copy the packaging of another s product, by itself does not constitute passing off or trademark infringement , the Delhi High Court said on Friday.