In the case of CS (COMM) 698/2023, the Delhi High Court conveyed a judgment in favor of ITC Limited, allowing an order against Arpita Agro Products Pvt. Ltd. for encroaching upon ITC's trademark rights. ITC, spoken to by Senior Advocates Arvind Varma and Arvind Nayar, had recorded a suit looking for help against the litigants for utilizing misleadingly comparative bundling and branding for their items, which purportedly encroached on ITC's prevalent trademarks.
The debate centered around the bundling of Arpita Agro's items, which ITC contended bore a striking likeness to its well-known trademarked items in terms of exchange dress, color conspire, and in general introduction. ITC fought that this likeness was likely to cause perplexity among shoppers and summed to passing off, as the open might effortlessly be deluded into accepting that Arpita Agro's items were associated with or embraced by ITC.
The defendants, represented by Advocate Jagdeep Kr. Sharma, countered that their packaging was distinct and did not intend to copy ITC’s trade dress. They argued that the similarities were coincidental and that the products catered to different markets. They also claimed that ITC’s trademarks were not violated as there was no direct association between the two brands.
Following hearing from both sides, the Court decided in ITC Limited's favor. Judge Manoj Kumar ruled that there was a possibility of consumer confusion due to the defendants' packaging's misleading resemblance to ITC's. The Court noted that the legal definition of trademark infringement does not need precise emulation; rather, it concentrates on whether the resemblance could mislead a reasonable consumer.
The Court allowed an order, controlling Arpita Agro Products Pvt. Ltd. from utilizing any bundling or branding that taken after ITC's items, and coordinated the respondents to desist the deal and promoting of the encroaching items.
This judgment strengthens the significance of shielding mental property rights and serves as a update to businesses around the legitimate results of receiving misleadingly comparable branding methodologies.
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TAGS: ITC Limited trademark infringement Delhi High Court Arpita Agro Products FMCG packaging passing off injunction.
