HC restrains Future Consumer from using ‘Parle-like’ packaging

Forum Gandhi Mumbai | Updated on October 13, 2020

In a relief to Parle Products, the Bombay High Court has restrained Future Consumer from using branding or packaging that are similar to Parle’s biscuit brands.

Parle had alleged that Future Consumer was selling biscuits that were similar to its brands Monaco, Krackjack and Hide & Seek, including the packaging. Parle hassecured trade mark registration under the Trade Marks Act, 1999 for these brands.

Parle stated that in the second week of September 2020, it came across Future Consumer’s biscuits bearing the marks CrackO, Kracker King and Peek-a-Boo having trade dresses/packaging/labels which are identical or deceptively similar or a substantial reproduction of Parle’s packaging. Parle also alleged that that the company intentionally stocked their products on the shelves alongside Parle’s products at Big Bazaar outlet in Vile Parle, Mumbai . “A comparison of the rival products hardly leaves any doubt about the manner in which the defendants have blatantly copied plaintiffs’ packaging/labels. There is no doubt that the rival labels are being used for identical products under nearly identical packaging and trade dresses,” the high court observed in its ruling.

The court also appointed advocate Shrinivas Bobde as the Court Commissioner and as representative of the Court Receiver, to seize the impugned products , account books showing manufacture, stock and sales of the goods with Future Consumer and its associated agents.

Published on October 13, 2020

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