By IANS
New Delhi : The Delhi High Court has upheld a plea of oral care major Colgate-Palmolive against a rival toothpowder maker for copying its packaging style.
Judge G.S. Sistani Wednesday directed Ajanta India Limited to stop using its red and white packaging for its toothpowder.
The court ruled that Ajanta should exhaust stocks of the toothpowder within a period of two months. Ajanta has also been directed to file an affidavit of compliance.
In its suit, Colgate said Ajanta had sold its toothpowder in a red can but had recently switched over to one that was a virtual "mirror image" of the Colgate toothpowder packaging.
Colgate brought the action before the court for infringement of its copyright and trademark label that was "recognisable from a distance".
"This order marks a significant victory for Colgate in its battle for protecting the trade dress of its red and white toothpowder packaging in India which enjoys enviable goodwill and reputation in the oral care market," the company said in a statement Thursday.
"This order is expected to convey a message to the me-too industry in oral/dental care products that the final word remains with the courts," the statement added.
In October 2005, judge Mukul Mudgal of the Delhi High Court had stopped Ajanta from passing off its toothpaste as that of Colgate dental cream in view of "sufficient resemblance" between the two toothpaste packages.