J.D.KAPOOR
SIDHPUR SAT-ISABGOL FACTORY – Appellant
Versus
DELHI SAT-ISABGOL INDUSTRIES – Respondent
( 1 ) THE plaintiff is engaged in the manufacture and sale of Fleaseed Husk i. e Sat-Isabgol for the last nearly four decades. Way back in the year 1948 it adopted an original artistic carton in respect of Fleaseed Husk.
( 2 ) THE distinctive features of the carton comprise of a unique colour combination of white, parrot-green and blue. The main face of the carton has got a background of parrot-green colour upon which the expression "sat-ISABGOL" appears in distinctive, particular and semi-circular manner in white colour with blue ghost image contiguous thereto. Beneath the expression SAT-ISABGOL, the words FLEASEED HUSK appear in bold blue letters alongwith an exclamation mark, followed by white oval device with blue border wherein the device of telephone appears super-imposed upon the device of a factory with smoking chimneys on the background in blue colour. The name of the plaintiff appears on a rectangular white panel thereunder. The lower portion of the carton has got a criss-cross pattern in blue colour. The said features have been reproduced on the other side of the carton except that the expression "registered Sat-Isabgol" and the name of the plaintiff appears
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