SC: Suit Alleging Coercion or Undue Influence Cannot be Rejected under Order VII Rule 11 CPC  ||  Cal HC: Once ED Attachment is Confirmed, Challenge Becomes Academic; PMLA Remedy Must be Pursued  ||  MP HC: Pen-Drive Evidence Cannot be Introduced At a Late Trial Stage Without Proof or Relevance  ||  Calcutta HC: Employee Can't be Stopped From Joining Rival Post-Resignation; Trade Secrets Protected  ||  Calcutta HC: Banks Must Provide Forensic Audit Report Before Calling an Account Fraudulent  ||  Del HC: Woman Cannot Demand Re-Entry to Abandoned Matrimonial Home if Alternate Accommodation Exists  ||  Calcutta HC: Land Acquisition For Industrial Park is Public Purpose; Leasing to Industry is Valid  ||  Patna HC: PwD Recruitment Must Comply With RPwD Act; Executive Resolutions Cannot Override the Law  ||  Madras HC: Individuals Facing Criminal Trial Must Get Court Permission Even to Renew Passports  ||  Calcutta HC: Demolition Orders Cannot be Challenged under Article 226 if a Statutory Appeal Exists    

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