NCLAT: Unenforced Equitable Mortgage is Corporate Debtor’s Asset, Not to Be Treated as Margin Money  ||  NCLT Approves Hindustan Unilever’s Ice Cream Business Demerger into Kwality Wall’s  ||  Supreme Court: Bar Councils Cannot Charge Over Rs 750 for Enrollment or Withhold Applicants’ Docs  ||  SC Cancels POCSO Conviction, Observing Crime Resulted from Love, Not Lust, After Marriage  ||  Supreme Court: Advocates Can be Summoned Only under S.132 BSA Exceptions with Prior Officer Approval  ||  Allahabad HC: Juvenile Conviction Cannot be Treated as Disqualification for Government Jobs  ||  Delhi HC: DV Act Rights of Daughter-in-Law Cannot Deny In-Laws’ Right to Reside in Home  ||  Delhi HC: Waitlist Panel Cannot Be Segregated, Vacancies Must Be Filled From Valid Waitlist  ||  Delhi HC: Matrimonial FIR Cannot Be Quashed If Couple’s Settlement Agreement is Not Executed  ||  Delhi HC Bars All India Carrom Federation from Using “India” or “Indian” in its Name    

Deere and Co. and Ors. v. S. Harcharan Singh and Ors. - (High Court of Delhi) (05 Mar 2015)

Court upholds Deere trade dress

MANU/DE/2873/2015

Intellectual Property Rights

In a case where the Plaintiff, a well-known manufacturer of agricultural equipment in India and abroad, alleged unauthorised use of its logo and trademarked colour scheme, the Court recorded a settlement between the parties. The Defendants undertook to cease making use of the ‘trade dress’ (colour scheme) and forgo filing an application before the Trademark Registry for registration of a logo; the Plaintiffs agreed to not pursue damages and other compensation. Looking at the colour scheme, itself applied in a unique manner, it was proven to have characteristics of a trade mark on the basis of the duration for which it had been used, documents evidencing the same, literature of the Plaintiff pertaining to agricultural equipment and monies spent advertising the same.

Relevant : General Electric Company v. J. Singh and Ors. MANU/DE/7147/2011 Daimler Benz and another v. Hybo Hindustan MANU/DE/0035/1994 Reckitt & Colman Products Limited v. Borden Inc and Ors. MANU/UKHL/0012/1990

Tags : IPR   TRADE   DRESS   LOGO  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved