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P. T. ASHA
Britannia Industries Ltd. , Ravichandran Rajagopal, Kolkata – Appellant
Versus
ITC Limited, Kolkata – Respondent
| Table of Content |
|---|
| 1. background of trademark dispute over biscuit packaging. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments presented by appellant and respondent. (Para 9 , 10 , 11 , 12 , 13 , 15) |
| 3. court's observations regarding consumer confusion and trademark law. (Para 23 , 24 , 27 , 28 , 29 , 30 , 42) |
| 4. legal principles regarding color monopolies and passing off. (Para 36 , 38 , 48) |
| 5. final assessment on passing off based on established reputation. (Para 44 , 49) |
| 6. final order granting injunction against respondent's product. (Para 50) |
JUDGMENT
(Prayer: Judges summons is filed for the following reliefs:
(a) Ad-interim injunction restraining the Respondent, their partners, proprietors, Companies, Sister Concerns, directors, executives, as the case may be, its officers, servants and agents or anyone acting for and on their behalf from manufacturing, exporting, marketing, offering for sale (physical or online platforms), selling (physical or online platforms), advertising (physical or online platforms) or in any manner dealing in any Biscuits/Cookies including
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