- Case number
- CS(COMM) 1052/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tejas Karia
- Outcome
- Injunction granted
Headnote
Interim injunction granted protecting the trade dress of HARPIC, COLIN and LIZOL. The Court accepted that no monopoly can be claimed in blue, red, white or yellow taken individually, but held that the distinctive combination, arrangement and presentation forming the overall ensemble had acquired secondary meaning through long use. Rights stem from the overall get up rather than the colours considered separately, so the fact that individual components are common to the trade does not defeat protection. Reliance on third party use did not assist the defendant, a proprietor not being required to sue every small infringer.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.