Lawstreet Journal

Bombay High Court Passes Interim Order Against Future Group to Restrain it from Infringing Parle’s Trademark in the Packaging of its products [READ ORDER]

Lawstreet Journal 15 Oct 2020 1:18am

Image courtesy: Lawstreet Journal Judiciary Bombay High Court Passes Interim Order Against Future Group to Restrain it from Infringing Parle’s Trademark in the Packaging of its products [READ ORDER]

On October 13, 2020, Justice K R Shriram off Bombay High Court past and interim order of injunction restraining Future Consumer Ltd. from infringing Parle's intellectual property right in the packaging of its products. 

Parle came before this Court for claiming the infringement of copyright by Future Consumer Ltd. in respect of its product "Monaco”, "Krack Jack" and "Hide & Seek". The use of any copyrighted work without the permission of the owner amounts to copyright infringement. Under Section 55 of the Copyright Act, 1957 the civil actions for copyright infringement are explained. Under a civil action, the court can grant the following relief: - Interlocutory Injunction, Financial Relief (u/s 55 and 58 of Copyright Act 1957), Anton Piller Order, Norwich Pharmacal Order, and Mareva Injunction. 

 On the contrary Future Consumer Ltd. where seen marketing "Tasty Treat" products such as "Kracker King", "Peek-a-Boo" with similar packaging as that of Parle. 

The plaintiff has made easy for the Court to understand the infringement of copyright by attaching the photographs of Parle's packaging for "Monaco" "Krack Jack" and "Hide & Seek" product against Future Consumer Ltd. packaging of "CrackerO" "Kracker King" and "Peek-a-Boo" products. 

Parle has submitted before the court that it had secured trademark registration of his packaging under Trade Mark Act, 1999. Further Parle told that they have taken efforts to popularize their products bearing Parle's packaging and have expended a substantial sum of money and efforts towards popularizing Parle's packaging and promoting the sale of the relevant goods in India. 

It is submitted by Parle that… Continue Reading...


Tagged: Trademark Infringement  
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