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ARTICLE · 30 AUGUST 2017

Will Design Come Under The Purview Of Trademark?

Failing to tell the water bottles apart, the judge ordered the infringer to stop manufacturing its product.

IndiaIntellectual Property
Nidhi Tandon
Nidhi Tandon

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

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