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HC bars infringement of 'Nutralite' trademark

Jun 13 2014, 18:45 IST
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SummaryThe Delhi High Court has stopped Everlike Food Products India Ltd from infringing "Nutralite" trademark...

The Delhi High Court has stopped Everlike Food Products India Ltd from infringing "Nutralite" trademark of Zydus Wellness Ltd which sells a bread spread under that name.

A bench of Justice A K Pathak was of the prima facie view that packaging as well as the name of Everlike's similar product -- Naturelite -- is "deceptively similar" to that of Zydus and "is likely to cause confusion in the minds of unwary customers".

"Plaintiff (Zydus) shall suffer irreparable loss and injury in case defendants continue to sell their product under the deceptively similar mark, inasmuch as, balance of convenience is also in favour of the plaintiff.

"Accordingly, till further orders, defendants are restrained from manufacturing, marketing and selling their product under the mark 'Naturelite' or any other deceptively similar mark in similar packaging, trade dress, colour scheme, get up as that of plaintiff," the court said in its exparte order.

It also issued notice to Everlike seeking its reply by November 13, the next date of hearing.

Senior advocate Pratibha M Singh, appearing for Zydus, contended that in order to encash its goodwill and reputation, Everlike has adopted the deceptively similar mark 'Naturelite' for its fat spread - a substitute for butter.

She also contended that Everlike has copied the packaging in respect of trade dress, colour scheme and get up of Zydus' product Nutralite - also a fat spread.

The court also appointed two local commissioners to inspect the premises of Everlike and make an inventory of any infringing materials or products as well as seize the same.

It allowed the commissioners to break open the locks of the premises if it is found locked and added that if there would be resistance to the inspection, they can avail police assistance.

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