Trade Dress: La Opala wins Trademark Infringement suit against Cello Plast

February 14,2019:

La Opala, a well-known opal glass tableware manufacturer filed a Trademark infringement lawsuit against Cello Plast in the Calcutta High Court.

Their products have a distinctive shape, configuration, surface pattern and artistic work which can be described as their trade dress of the product.

These trade dresses are identified as a mark by the common public.

These products are sold under the brands' Diva Classique, Ivory, as Mystrio Black, Crimson Bloom, Golden Fall and Dazzle Purple. According to the suit, Cello Plast was selling products with a similar trade dress or Trademark as La Opala's.

According to the suit, an average customer will not be able to differentiate the products of the defendant from that of the plaintiff. La Opala also claimed that the defendant was infringing their trade dresses and Trademarks.

They further claimed that both the products are deceptively similar to each other. Cello Plast denied all of these allegations brought against them by La Opala.

In their defence, Cello Plast claimed these products are sold in cartons. Each good in these cartons was identified with the name of the manufacturer, which was prominently on display in the carton. They also claimed that the customers were aware of the name of the products and their manufacturer.

The Court noticed that there were a lot of similarities between the products of the plaintiff and defendant. The Court felt that the defendant's products clearly infringed the trade dress of La Opala.

Calcutta High Court reached a verdict in favour of La Opala in this case and granted an ad-interim injunction against the defendant.

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