- Case number
- COMMERCIAL APPEAL (L) NO. 16459 OF 2023
- Court
- Bombay High Court
- Date of judgment
- Judge
- M. S. Karnik
- Outcome
- Disposed of
Headnote
Appeal dismissed in a ceiling fan design and passing off action. The Single Judge had found prima facie differences between the rival products in the canopy, rod and remote packaging, and had held that even assuming the design was copied, a plaintiff claiming interim relief in passing off must show something more than mere similarity, namely a false representation, which the differences in boxes and packaging told against. Applying Wander, the Division Bench declined to substitute its own discretion absent arbitrariness, caprice or perversity.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.