2013 (5) TMI 247

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....ng, directly or indirectly dealing in rose water under the trademark "GULVARI" and/or any other trademark deceptively or phonetically similar to the trademark of the Plaintiff GULABARI; B. Pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant thereby restraining the Defendant, its servants, agents, representative, distributors, assigns from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in rose water under the impugned trade dress, or get up, comprising colour combination of pink, white and silver or any other trade dress getup or label as may be deceptively similar to the trade dress, getup and label of Plaintiff‟s DABUR GULABARI rose water in respect of ....

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....e mark GULABARI along with the house mark Dabur since the last three decades. 4. It is further stated in the plaint that the word-mark GULABARI and the label GULABARI are registered under the provisions of the Trade Mark Act, 1999. 5. Mr. Sudhir Makkar, learned counsel for plaintiff states that since 1993 plaintiff has adopted a distinctive colour combination of the shades pink and white for the trade dress of its rose water packaging as well as for the get up of the label used in respect of the plaintiff's product. He submits that the plaintiff's label including its overall colour combination of pink and white and the overall get up including arrangement of features of the label constitutes original artistic work within the meaning o....

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....te evidence as well as documents placed on record, this Court is of the opinion that plaintiff has proved the facts stated in the plaint and has also exhibited the relevant documents in support of its case. Since the plaintiff's evidence has gone unrebutted, said evidence is accepted as true and correct. 12. This Court is of the view that adoption of the trade mark GULVARI by the defendant amounts to infringement of the plaintiff's trade mark GULABARI. 13. Further, this Court is of the opinion that the use of the mark GULVARI by the defendant which is deceptively similar to the plaintiff's registered trade mark GULABARI is bound to cause confusion in the mind of the consumers about the source of the rose water on account of deceptive ....