SC: Reserved Category Candidate Who Availed Prelims Relaxation Cannot Claim an Unreserved Seat  ||  SC: Public Sector Enterprises Cannot Act Against Retired Employees Without Clear Rules  ||  Supreme Court: Single FIR is Permissible in Mass Cheating Cases Arising From One Conspiracy  ||  SC: Courts Cannot Take Cognizance of Time-Barred Cheque Bounce Cases Without Condoning Delay  ||  SC: Exoneration in Disciplinary Proceedings Does Not Always Bar Criminal Prosecution  ||  SC: Judge Cannot Be Presumed Biased Merely Because a Litigant’s Relative Is Police or Court Staff  ||  Delhi HC: Delays From Medical Review Cannot Justify Ante-Dated Seniority For BSF Candidates  ||  Allahabad HC: Being ‘Proclaimed Offender’ Does Not Completely Bar Grant of Anticipatory Bail  ||  Delhi HC: Abortion by a Married Woman For Marital Discord is Legal under The MTP Act  ||  NCLT Kochi: Fraud Has No Time Limit and Directors Cannot Use Delay As a Defense    

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