LI Network
Published on: October 29, 2023 at 13:45 IST
The Delhi High Court has issued a temporary restraining order against two manufacturers, preventing them from selling or advertising “Paristone” pressure cookers, which are believed to have a design identical to and infringe upon that of “Prestige” Svachh range of pressure cookers.
Justice C Hari Shankar also prohibited the manufacturers from using the trade dress “Paristone” for their mark, which closely resembles the trade dress used by Prestige.
While the defendants are not restrained from using the mark “PARISTONE” in other trade dress that doesn’t imitate or infringe the registered design of Prestige’s Svachh pressure cookers, the court found that the trade dress adopted by the defendants is almost identical to that of Prestige, with identical white letters printed in a similar font on a pink background and a black swirl or line below it.
The court determined that there were no distinguishing features between the two that would enable a consumer to differentiate them effectively, even a consumer of average intelligence and imperfect recollection.
The court further noted that since the defendants copied Prestige’s trade dress in terms of visual appearance on its mark, a case of passing off is established.
Justice Shankar emphasized that the fact that the defendants chose to imitate the way Prestige prints its logo is a testament to Prestige’s goodwill and reputation in the eyes of the defendants.
In conclusion, the Delhi High Court’s ruling temporarily restrains the manufacturers from using the infringing design and trade dress for “Paristone” pressure cookers.
