Apollo Tyres Ltd Vs Pioneer Trading Corporation

Whether tread pattern of tyre serves the purpose of a trademark as it is a source identifier - YES: HC

Whether shape which is "purely functional" can be granted protection under the Act - NO: HC

Whether treads on a tyre are functional but not a unique tread pattern which may have been adopted by a particular manufacturer - YES: HC

Whether existense of various Chinese manufacturers copying tread pattern of APOLLO TYRE can be a ground to allow the Indian manufacturer to continue with such a practice - NO : HC

Whether minor falsity or inaccuracy in drafting of pleadings, which does not have the effect of changing or altering the fundamental premises of the case would not adversely affect the case of the party - YES: HC

Whether non-registration of the design contained in the tread pattern does not take away the rights of the person who uses the said design as a trademark, to sue for passing off - YES: HC

- Order passed in favour of plaintiff: DELHI HIGH COURT