Supreme Court: State Must Be Impleaded When Relief is Sought From Public Exchequer  ||  SC: Student Fees Cannot Be Increased Mid-Course Except in Exceptional Circumstances  ||  Supreme Court: ED's Delay in Sending Arrest Order Does Not By Itself Invalidate Arrest  ||  Supreme Court: Appeal Limitation Runs From NCLAT Order Pronouncement, Not Certified Copy Receipt  ||  Gujarat High Court: Waqf Tribunal Has No Supervisory Authority Over Waqf Board  ||  Kerala High Court Orders Aadhaar Fingerprint Comparison to Trace Sreekrishnapuram Murder Culprits  ||  Delhi High Court: Unnatural Death at Police Station Alone Cannot Establish Police Negligence  ||  Orissa High Court: Teacher Scolding Student for Intoxicant Use is Not Suicide Abetment  ||  Supreme Court: Drug Users are Victims and Focus Must Be on Breaking the Supply Chain  ||  Supreme Court: Non-Signatories May Join Arbitration When the Dispute Affects Their Rights    

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