M/S Mariyas Soaps and Chemicals & Anr. v. M/S Wipro Enterprises Limited & Anr.

Court

Kerala High Court

Date of judgment

5 July 2023

Bench

Anil K. Narendran, P. G. Ajithkumar

Outcome

Allowed

Headnote

Appeal allowed and the injunction restraining use of CHANDRA set aside. The Division Bench accepted the trial court's finding that the appellants' label, colour combination, writing style and design were deceptively similar to the respondents' CHANDRIKA, so misrepresentation was made out. The appeal turned on the third element of passing off, damage. The respondents sold Ayurvedic bath soap and the appellants washing soap and bleaching preparations, and the respondents' own market share table showed their share held steady at around 8% after the appellants entered in 2020. Since no economic loss was shown, the third element failed and no injunction could issue.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.