2017-TIOLCORP-24-CCI

Bablu & Company And Fatehchand & Company

Whether case involving individual consumer / contractual disputes and not found to be raising any competition issues can be entertained by commission - NO : CCI

- Order passed u/s 26(2) of Act: CCI

2017-TIOLCORP-67-HC-MAD-IPR

Techno Plastic Industries Vs Dart Industries Inc

Whether a party can claim monopoly over the shape of a product if there is no registration of design or patent thereof in favour of such party - NO: HC

Whether the charge of passing off in respect of a product can be established if other products similar in appearance are available on the shelf of retail outlets through various manufacturers and no action for passing off in respect of such other products has been initiated - NO: HC

Whether allegation of passing off for use of unregistered trade dress/getup can be proved only when it is established that the general public have been misled into believing that the product which they have purchased is an infringed one - YES : HC

Whether relief in passing off action can be granted only when the aggrieved party established that its market share has been usurped by the opposite party by fraudulently using its goodwill and reputation - YES: HC

Whether interim relief cannot be granted at the interlocutory as the parameters on which decision should be based can only be established at the time of trial by adducing evidence- YES : HC

- Appeal allowed: MADRAS HIGH COURT

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