Label/carton packaging/trade dress of the impugned product is also similar to the plaintiff’s well-known registered trade mark ‘REVITAL’ and its label/carton packaging/trade dress”. The defendant was in the same business of dealing with health supplements and it had used similar carton and packaging (trade dress) to that of the plaintiff. Therefore, the court granted an interim injunction that restrains the defendants, its directors, etc. from manufacturing, selling, advertising, or indirectly dealing in health supplements under the impugned mark ‘ONEVITAL’.
K S & Co Comments
As we have time and again advised our clients, it is essential to opt for a comprehensive search to reduce chances of opposition with respect to the registration of their marks. Copying of trade dress is one of the most common infringement when it comes to pharmaceutical goods. One should always keep a check on the other goods of the same sector.
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