Copying Trade Labels Isn’t a Sweet Affair

When it comes to toffees, candies and chocolates, the first thing that catches the eye is the wrapper and much of the visual information is related to color. The use of distinctive color schemes and combinations are a not only a means to attract the consumers but also contains the uniqueness of a particular product. Given the nature of the products like candies and chocolates, the target consumers are children. Thus when products in the same category are launched in the market in similar packages or are deceptively similar, there exists every possibility of passing off. This can affect the original goods adversely.

In this regard the recent Amber Food Products v. Dilip Kirpalani & Ors. 2006 (33) PTC 118 (Del.), may be referred to. Amber Food Products has been manufacturing, marketing and selling toffees and confectionaries under the brand name ‘smooth milk’ in Madhya Pradesh and in various other Indian cities. In 2005 it adopted the trade mark ‘smooth milk’. The plaintiff moreover