S.RAVINDRA BHAT, DEEPA SHARMA
COLGATE PALMOLIVE COMPANY – Appellant
Versus
ANCHOR HEALTH AND BEAUTY CARE PVT. LTD. – Respondent
S. RAVINDRA BHAT, J
1. This is a defendant's appeal, directed against the order dated 14.02.2012 of the learned Single Judge allowing the plaintiff's (which is hereafter called "Anchor") application I.A. 21176/2011 for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC).
2. Anchor, in its suit (filed on 01.09.2007) claimed that it was using the trade mark and logo “ANCHOR”, in a red and white color combination. It launched a tooth paste “Anchor White - Allround Protection” in 2005. In August, 2007, the defendant/appellant (hereafter "Colgate") introduced its new "Strong Teeth" carton using the phrase, "All-Around Decay Protection"; Anchor complained that Colgate copied its (Anchor's) distinctive features of packaging. Anchor also alleged that in the new coloured "Strong Teeth" carton, use of the tooth device with bubbles around it is similar to the tooth device used by it in its “White-Allround Protection”. Anchor further alleged that Colgate was interfering with its business unlawfully and had instituted several suits against it and were also threatening its dealers. Anchor sought an injunction restraining Colgate from interfering with its
Suraj Prakash v Raj Rani Bhasin (1981) 3 SCC 652
L.J. Leach & Co Ltd v Jardine Skinner & Co AIR 1957 SC 357
Laxmidas Dayabhai Kabarwala v Nanabhai Chunilal Kabarwala & Ors. AIR 1964 SC 11.
A.K.Gupta & Sons v Damodar Valley Corporation AIR 1967 SC 96;
Revajeetu Builders & Developers v Narayanaswamy & Sons & Ors 2009 (10) SCC 84
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