SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2015 Supreme(Del) 3168

S.RAVINDRA BHAT, DEEPA SHARMA
COLGATE PALMOLIVE COMPANY – Appellant
Versus
ANCHOR HEALTH AND BEAUTY CARE PVT. LTD. – Respondent


Advocate Appeared:
Sh. Pravin Anand, Advocate.
Sh. Sudeep Chatterjee and Sh. Karan Bajaj, Advocates.

JUDGMENT

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


































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top