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High Court Of Delhi
CAMLIN PRIVATE LIMITED - Appellant
Versus
NATIONAL PENCIL INDUSTRIES - Respondent
Interim Application 3631 of 1985
Decided On : 05/13/1988
TRADEMARK - CAMLIN FLORA - TIGER FLORE - INFRINGEMENT - INTERIM INJUNCTION - SIMILARITY - DECEPTIVE SIMILARITY - PASSING OFF - BALANCE OF CONVENIENCE - PRIMA FACIE CASE - DISTINGUISHABILITY - LIKELIHOOD OF CONFUSION.
Fact of the Case:
Camlin Flora, a well-known pencil manufacturer, sued Tiger Flore for trademark infringement, alleging that Tiger Flore's pencils, cartons, and mark were deceptively similar to their own, leading to confusion and passing off. Tiger Flore contested the claims, asserting that their mark and products were distinct and non-infringing.
Finding of the Court:
The court compared the marks, cartons, and pencils of both parties and found that while the marks "Camlin Flora" and "Tiger Flore" were distinct, the pencils themselves were strikingly similar in appearance, particularly in terms of color combination, floral arrangement, and overall get-up. The court also noted that the pencils were primarily purchased by children, who may be more susceptible to confusion.
Issues: 1. Whether the defendant's mark "Tiger Flore" was deceptively similar to the plaintiff's registered trademark "Camlin Flora". 2. Whether the defendant's pencils, cartons, and overall get-up were deceptively similar to the plaintiff's, leading to confusion and passing off. 3. Whether the plaintiff had established a prima facie case for the grant of an interim injunction.
Ratio Decidendi: 1. The court applied the principles of trademark infringement, considering factors such as overall similarity, phonetic and visual resemblance, and likelihood of confusion. It held that the marks "Camlin Flora" and "Tiger Flore" were distinct and not deceptively similar. 2. However, the court found that the pencils themselves were strikingly similar in appearance, particularly in terms of color combination, floral arrangement, and overall get-up. It held that this similarity was likely to cause confusion among consumers, especially children, and could lead to passing off. 3. The court concluded that the plaintiff had established a prima facie case for the grant of an interim injunction, as they had demonstrated a likelihood of success on the merits and potential irreparable harm if the injunction was not granted.
Final Decision: The court granted an interim injunction restraining the defendant from using the distinctive features of the plaintiff's pencils, namely, color scheme, floral arrangement, and general get-up, until the decision of the suit.
( 1 ) THE plaintiff has preferred this suit for permanent injunction restraining the defendants from manufacturing, selling offering for sale or dealing, in the pencils bearing the distinctive floral design, colour combination, lay out and arrangement of artistic features of the plaintiff s pencil FLORA and from reproducing the floral design, colour combination, lay out and arrangement of artistic features of the cartons pertaining to the their FLORA pencils and from doing any other thing as is likely to infringe the plaintiff s copyright in respect of its FLORE pencil cartons and also restraining the defendants from maufacturing, selling or dealing in pencils under the trade mark FLORE or any other mark as is identical to and/or deceptively similar with the trade mark FLORA of the plaintiff.
( 2 ) THE case of the plaintiff as set up in the plaint, is that the plaintiff is one of the lagest manufacturers of art and stationery materials and is exclusively marketing the goods of its manufacture for the last 40 years and one of the famous products of the plaintiff is its Camlin FLORA pencils which are highly distinctive and are manufactured and sold in distinctive and artistic cartons since the year 1977. The distinctive features of plaintiff s FLORA pencils are stated to be a colour combination of white, pank and green. The rear portion of the pencil has got two strips of white and green next to each other respectively. The floral design comprises of array of pink flowers with green leaf each on white background The trade mark Camlin FLORA of the plaintiff appears on the rear portion of the pencil. Each flower has got a characteristic look about it and the arrangement of the leaf with the flower is unique. The distinctive and essential feature of the plaintiff s FLORA pencil carton is also an array of pink flowers each with a green leaf arranged in rows appearing on the thin strips of white colour background on the two sides of the front panel of the said pencil carton. On account of extensive use Camlin FLORA pencil and the carton have acquired a vast reputation as a high quality product originating exclusively from the plaintiff. The plaintiff claims to be the owner of the copyright in the floral design that appears on Camlin FLORA and its cartons as it constitutes an original artistic work. The use, including the resproduction and publication of scuh floral pattern and arrangement on pencils and cartons by any other trader amounts to-infringement of the plaintiff s copyright in the said artistic work. The plaintiff also claims to have got copyright in the artistic logo script of the trade mark FLORA as the same is an original artistic work.
( 3 ) THE defendants who arc alleged to be carrying on the business of manufacturing and selling of pencils have without the permission and consent and licence of the plaintiff recently adopted pencils cartons and pertaining thereto that are identical to and/or deceptively similar with the plaintiff s FLORA pencils and cartons. The defendents have also adopted a deceptively similar mark FLORE to the trade mark FLORA of the plaintiff in relation to three said pencils. The defendant s pencils comprise of colour combination of green, pink and white. The rear portion of the pencil consists of to strips of white and green colours next to each other respectively as on plaintiff s pencils. From thereon till the lead of the pencil there are floral designs as on plaintiff s pencil. The defendants have copied the plaintiff s pencil in toto and it is bound to cease confusion and and which demonstrates the malafides on the part of the defendants. The mala fides of the defendants is abundantly clear from the deliberate adoption of the mark FLORE as the four letters namely FLOR are common between the two trade marks and even the letter e of the defendants mark FLORE is deceptively similar in logo script to the letter a . The pencil of the plaintiff is known by the mark FLORA and t
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