https://www.taxtmi.com/caselaws?id=199647 In a passing off dispute over tea packaging, the composite expression "Super Cup" was found descriptive and laudatory in the context of the tea trade, and the record did not establish acquired secondary meaning. The rival cartons were compared as a whole, including house marks, colour scheme, device, layout and overall get-up, and the defendant's use of its principal mark and mountain device created sufficient visual distinction. As a result, likelihood of confusion was not shown to justify interlocutory restraint, interim injunction was refused, and the injunction granted by the Single Judge was set aside. en-us Mon, 19 Mar 2001 00:00:00 +0530 Thu, 08 Mar 2018 16:47:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199647 In a passing off dispute over tea packaging, the composite expression "Super Cup" was found descriptive and laudatory in the context of the tea trade, and the record did not establish acquired secondary meaning. The rival cartons were compared as a whole, including house marks, colour scheme, device, layout and overall get-up, and the defendant's use of its principal mark and mountain device created sufficient visual distinction. As a result, likelihood of confusion was not shown to justify interlocutory restraint, interim injunction was refused, and the injunction granted by the Single Judge was set aside. Case-Laws Indian Laws Mon, 19 Mar 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199647