Advocates:
['M/S ARUN C MOHAN', '', 'HEMANT SINGH', 'MAMTA R JHA', 'BRINDA MOHAN', 'VASUNDHARA ARUN', 'S SUBA SHINY', 'R GANAPATHY', 'N C VISHAL', 'R PRASHANTHI', 'RD FLOOR', 'CEEBROS BUILDING', 'DOOR NO', 'CENOTAPH ROAD', 'TEYNAMPET', 'CH', 'M/S R SATHISH KUMAR', '', 'G RAMJI', 'A K RAJARAMAN', 'FOR DEFT -D NO', 'NO', 'THAMBUCHETTY ST', 'CH']

C.S.No.828 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment reserved on

01.09.2022

Judgment pronounced on

23.11.2022

CORAM

The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY

Civil Suit No.828 of 2015

1. Dart Industries Inc.

(a Corporation founded under the

Laws of Delaware, U.S.A.)

14901, South Orange Blossom Trail,

Orlando, Florida 32837, U.S.A.

Rep. by its constituted Attorney

Ms. Kimberly Weate

2. Tupperware India Pvt. Ltd.

204-206, Tolstoy House,

15, Tolstoy Marg,

New Delhi, 110 001

Rep. by its Authorized Signatory,

Ms.Vandita Batta ... Plaintiffs

vs.

Techno Plastic Industries

210/10, Rampur Jattan,

(Dhakewala) Nahan Road,

Moginand, Kala Amb.

Distt.-Sirmour

Himachal Pradesh

... Defendant

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C.S.No.828 of 2015

The suit is filed under Order IV Rule 1 of High Court O.S. Rules

read with Order VII Rule 1 of CPC, Sections 27, 134 & 135 of the Trade

Marks Act, 1999, praying to grant Judgment and Decree on the following

terms: (a) A permanent injunction restraining the Defendant, its proprietors

or partners or director as the case may be, their sister concerns, associates,

assigns in business, distributors, stockists dealers, agents and servants from

manufacturing, selling, offering for sale, advertising, directly or indirectly in

any manner including through websites or other online shopping portals

dealing in plastic products/lunch bag in any size bearing the impugned trade

dress and get-up or any other trade dress and get-up as may be that are

fraudulent or obvious imitation of the Plaintiffs' trade dress and get-up

amounting to passing off of Plaintiffs' products in any manner whatsoever;

(b) A decree for delivery up of the impugned goods of the Defendant

including their moulds along with mould drawings, CNC (Computer

Numerical Control) files, dies, blocks, plates and engraving printed

materials such as brochures or other promotional material or any other

material bearing or depicting the impugned trade dress and get up, to an

authorized representative of the Plaintiffs for destruction; (c) An order for

rendition of accounts of profits illegally earned by the Defendant and a

decree for an amount so found due or in the alternative; (d) The defendant

be ordered to pay to the Plaintiffs a sum of Rs.20,00,000.00 (Rupees twenty

lakhs only) towards compensatory and punitive damages towards the illegal

activities by the defendant; and (e) an order for costs of the proceedings.

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C.S.No.828 of 2015

For Plaintiffs : Mr.Hemant Singh

for M/s.Arun C.Mohan,

Ms.Mamta R.Jha and

Mr.Keerthikiran Murali

For Defendant : Mr. Satish Parasaran, Senior Advocate

for M/s.R.Sathish Kumar and

Ms.V.Priya

JUDGMENT

Fascinating questions relating to the ambit of trade dress

protection arise for consideration in this case, in the factual context of three

products of the plaintiffs vis-a-vis three corresponding products of the

defendant. Even more fundamentally, the boundaries and contours of the

common law remedy of passing off are tested and challenged by entailing

answers to questions such as: what is the impact of copying on a passing off

action?

2. The plaintiffs are manufacturers of containers used in the

kitchen to store food products. These products are sold under the brand

name 'Tupperware'. The defendant is also a manufacturer of containers used

for storage of food products. The defendant's products are sold under the

brand name 'Signoraware'. The plaintiffs have brought this action seeking

remedies in respect of alleged passing off by the defendant in relation to the

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C.S.No.828