- Court
- Karnataka High Court
- Date of judgment
- Bench
- Ravi V Hosmani, Ravi V Hosmani Cav
- Outcome
- Dismissed
Headnote
Appeals against a temporary injunction protecting the mark TULASI dismissed. The Court held that added matter on the defendant's packaging, such as depictions of a tulsi pot and tulsi leaves absent from the plaintiff's pack, cannot defeat a claim of infringement, following Kaviraj Pandit and Sun Pharmaceuticals, and rejected the argument that an injunction requires slavish imitation of the whole label and get up. It clarified that the defendant may still establish at trial that the added matter sufficiently distinguished its goods and avoided confusion in the mind of the average consumer.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.