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passing off their goods and they are
imitating the trade dress in making the suit cases to sell their
products ... artistic work."
4. About the passing off and trade dress the plaintiffs would put their
case thus :-
"The plaintiffs submit
Delhi High Court
dispute pertains to
trade mark, emphasis being on trade dress. Though reference is made in
the grounds of appeal ... Copyright Act, arguments were mainly
focussed on 'trade dress'.
2. The appellant Kellogg's Company sells Corn Flakes with cartons
Delhi High Court
retained a
recognizable uniformity and constitutes a trade dress in relation to
plaintiff's product for over a period ... packagings have misappropriated the
plaintiff's 'COLGATE' dental cream trade dress in terms of lay out,
get up and colour
Delhi High Court
plaintiff
seeks ad interim injunction against the use of trade dress and colour
combination of one third ... product viz. Tooth Powder as by adopting the similar
trade-dress particularly the colour combination of "red and white
Delhi High Court
competition by
adaptation of impugned labels, names and the trade dress by the
defendants similar to that of the plaintiff ... Judge after referring to the case law
pertaining to 'trade dress' of the appellant dismissed the IA
observing
Delhi High Court
such popular
that even the similar get up or trade dress of any other such kind of
product would lead ... Company has developed such trade mark with a particular
trade dress including colour scheme, get up, arrangement and trade
dress
Gujarat High Court
other ingredients. That, in keeping with the
traditional trade dress of purple and/or purple and gold always
associated with ... Cadbury
Schweppes group Companies, a new design of the trade dress of Cold and
Purple was devised for the product
Gujarat High Court
copyright is concerned, it is
claimed that the trade dress and the artistic features are completely
different ... entire get-up,
the lay-out and trade dress. The application of the plaintiff before
the Trademark Registry is stated
Delhi High Court
past over a decade under a
distinctive label and trade dress. The aforesaid label and trade dress constitute
an original ... plaintiffs' trademark comprising ROYAL STAG
label and the trade dress have become distinctive of the whisky marketed by
and originating
Delhi High Court
past over a decade under a distinctive label
and trade dress. The aforesaid label and trade dress constitute an original ... plaintiffs' trademark comprising ROYAL STAG label and the
trade dress have become distinctive of the whisky marketed by and originating
Delhi High Court
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