Supreme Court tells Parsvnath Developers to Comply with Haryana RERA Orders or Face Jail  ||  Supreme Court: Article 142 Cannot Override a Concluded and Acted-Upon Settlement Between Parties  ||  SC Grants One-Time Relief, Allows Law Students to Take Exams Despite Attendance Shortage  ||  SC Grants One-Time Relief, Allows Law Students to Take Exams Despite Attendance Shortage  ||  Supreme Court: Murder Inside a Vehicle Does Not Qualify For Motor Accident Compensation  ||  Supreme Court: Section 50 NDPS Act Inapplicable to Recovery from Articles Carried by Accused  ||  J&K&L High Court: Death of Sole Accused Brings Disproportionate Assets Attachment Case to an End  ||  Calcutta High Court: Child Marriage Allegation Alone Cannot Justify Ordering a POCSO FIR  ||  Calcutta High Court: Trial Courts Can't Compel Mediation in Mutual Consent Divorce Cases  ||  Kerala High Court Orders DGP to Set Up Special Squads Across Districts for Hit-and-Run Cases    

Faber-Castell Aktiengesellschaft and Ors. v. Cello Pens Pvt. Ltd. and Ors. - (High Court of Bombay) (03 Sep 2015)

Cello’s crayon packaging ‘passing off’ for Faber-Castell

MANU/MH/2373/2015

Intellectual Property Rights

The Court accepted Faber-Castell’s submissions that Cello’s packaging of its crayons in two recessed trays facing each other and set in a larger outer container was indistinguishable from its own. It noted that though the design of the crayons was in the public domain, the arrangement of elements of shape, aesthetics and finish by Cello were more than merely coincidental. With regard to the high possibility of buyers being confused between the competing products and the continuing loss to Faber-Castell, Cello was restrained from manufacturing or selling the infringing products.

Relevant : M/s. Smithkline Beecham Plc. & Ors. v M/s. Hindustan Lever Limited & Ors., MANU/DE/1054/1999 Whirlpool of India Ltd. v Videocon Industries Ltd. MANU/MH/1174/2012 Gorbatschow Wodka K.G. vs. John Distilleries Limited MANU/MH/0630/2011

Tags : IPR   CRAYON   PASSING OFF   PACKAGING  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved