It was a `spot the difference' moment for a judge at the
Bombay High Court when he came across `almost identical' water
bottles while hearing a case of infringement. Failing to tell the
water bottles apart, the judge ordered the infringer to stop
manufacturing its product. The case was brought to court by
well-known manufacturer Cello Household Products against Modware
India for copying the design and packaging of its bottle
'PURO'.
Cello Household Products ("Cello"),
manufacturers of plastic insulated products, are manufacturing and
selling a unique water bottle "PURO" with a two-tone
colour scheme, flip top and unique surface pattern in a distinctive
packaging. Cello applied for registration of the design of PURO
with the Controller General of Patents, Designs and Trade Marks,
who granted registration under Design Registration No. 283345 on
23rd August 2016 with a priority date of 12th May 2016. In January,
2017 Cello came upon Modware India's
("Modware") bottle