In a recent Order, the Delhi High Court permitted Defendant No. 3 to release pre-packaged products bearing the disputed trade dress in the market, provided they were manufactured on or before February 4, 2025. The order was passed by Hon’ble Ms. Justice Mini Pushkarna on February 11, 2025, during a hearing concerning allegations of trademark infringement, copyright violation, and passing off.
Appearing for the defendants, Advocate Neeraj Grover argued that Defendant No. 3 was the principal party in the dispute but was improperly listed as Defendant No. 3 instead of Defendant No. 1. He contended that this classification violated practice directions outlined in an office order dated May 4, 2019. A copy of the order was submitted to the Court as evidence.
After hearing submissions, the Court ruled that Defendant No. 3 could release its pre-packaged products, emphasizing, “Only the products which have a manufacturing date of 04th February, 2025 or before that, shall be released by Defendant No. 3 in the market.” This directive ensures that no new products using the contested trade dress are distributed.
The Court further ordered Defendant No. 3 to file an affidavit, along with their written statement, detailing the number of packages manufactured up until February 4, 2025. This measure aims to maintain transparency in the product release process.
Noting the nature of the dispute, the Court expressed its inclination towards an amicable resolution and stated, “This Court is of the view that the matter can be referred for settlement.” Consequently, the case has been referred to the Delhi High Court Mediation and Conciliation Center, with the first mediation session scheduled for February 19, 2025.
The plaintiff filed the lawsuit seeking permanent and mandatory injunctions, damages, and other reliefs for alleged infringement of trademarks, copyright, and passing off. The controversy centers around the trade dress adopted by Defendant No. 3, which the plaintiff claims is strikingly similar to its own, leading to consumer confusion.
The matter is scheduled for the next hearing on April 21, 2025, allowing time for the mediation process.
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