If Essential Features Of The Registered Trademark Are Infringed, The Difference In Layout, Packaging, Etc Is Of No Consequence: Delhi High Court

[05 July 2022] The High Court of Delhi has held that in an action for infringement of a trademark once it is shown that essential features of the trademark are adopted by the defendant, the difference in layout, packaging etc. would be of no consequence.
The Single Bench of Justice Jyoti Singh was dealing with a suit for permanent injunction filed by Sun Pharmaceutical Industries Ltd. (Plaintiff) to restrain Punam Devi (Defendant) from using the trademark RANBAXY LABORATORIES.
The Court held that a case for infringement of trademark under Section 29(2)(c) of the Trademarks Act, 1999 is made out as the identity of the trademark and the goods and services covered under it are similar and the same is likely to cause confusion on the part of public. The Court held that in an action for infringement of trademark once it is shown that essential features of the trademark are adopted by the defendant, the difference in layout, packaging etc. would be of no consequence.
Accordingly, the Court decreed the suit of the plaintiff and passed a permanent injunction against the defendants from using the tradename RANBAXY LABORATORIES in any manner. The Court awarded Rs. 6,00,000/- as the Cost.