A modified trade dress is acceptable if it creates a clear visual distinction (such as through a dominant color change) and removes the possibility of confusion with a rival's trade dress, particularly when the trademarks themselves are different.

O R D E R

% 07.05.2026

1. In pursuance to the order dated 10.04.2026, defendant no.1 has filed an affidavit dated 05.05.2026 deposing as under:

“AFFIDAVIT IN COMPLIANCE OF ORDER DATED 10/04/2026

I, Mahendra Kumar Todi, S/o Sh. Suresh Kumar Todi, aged about 46 years, Director of Finegrow Industries Pvt. Ltd. & Ors., having its registered office at G-36, Dhan Shree Tower IInd, Central Spine, Vidhyadhar Nagar, Jaipur- 302039 (Rajasthan) India, do hereby solemnly affirm and state as under:

1. That I am the Director of Defendant No. 1 m the present proceedings and am fully conversant with the facts and circumstances of the case. I am duly authorized and competent to wear this affidavit on behalf of Defendant No. 1.

2. That the present affidavit is being filed in strict compliance with the directions passed by this Hon'ble Court vide order dated 10.04.2026, without prejudice to the rights and contentions of Defendant No. 1 in the present proceedings.

3. That the Defendants deny all the allegations, claims, and statements made by the Plaintiff in the plaint and the accompanying applications. It is further stated that nothing in this affidavit should be taken as an admission of any infringement, passing off, or violation of any rights claimed by the Plaintiff.

4. That the packaging design in question was independently conceived, developed, and adopted by the Defendants bona fidely and in the ordinary course of business, without any intention to copy or infringe upon any third-party rights. Nonetheless, in compliance with Paragraph 15 of the said order, Defendant No. 1 has expressed its amenability to changing the color scheme and placement of elements of the impugned product. Accordingly, Defendant No. 1 has modified the trade dress of its product, specifically the "BROOM", so as to completely eliminate even the remotest possibility of any alleged confusion or association.

5. That the comparative depiction of the impugned trade dress and the newly adopted trade dress is annexed herewith for the ready reference of this Hon'ble Court:

6. That Defendant No. 1 has made substantial and visible changes to the trade dress so as to create a clearly distinct and independent appearance. The colour scheme has been changed, including the background, gradients, and contrast. The layout and arrangement of elements have also been redesigned. The position, size, and prominence of the brand name and logo have been modified. Any similarity in font, style, or placement has been removed by adopting different fonts and formatting. Decorative features such as outlines, shadows, and embossing have been altered or removed. Overall, the logo, product name, tagline, and images have been rearranged to ensure that the new trade dress 1s different and does not cause any confusion or association.

7. That in compliance with Paragraph 16 of the said order, Defendant No. 1 is placing on record the complete particulars of the existing inventory of products manufactured under the earlier trade dress, lying at various premises of the Defendant Company, the details whereof are set out hereunder:

8. That it is reiterated, in terms of Paragraph 17 of the order, that the present exercise of modi