NEW DELHI: In the recent Judgment of BAJAJ RESOURCES PRIVATE LIMITED & ANR. V PIONEER HERBALS & ORS. Delhi HC directs the Pioneer Herbal to consider a change of their trade dress to avoid infringement of the former’s rights. The case was filed by hair oil manufacturer company Bajaj Resources Pvt Ltd for infringement of a trademark in their hair oil product “Bajaj Almond Drops”. The order was passed by Justice Prathiba M Singh.
During a hearing, He observed – “In view of the facts of the present case and the above legal position, this Court is prima facie of the opinion that if the Plaintiffs’ and the Defendants’ products are stocked together in any shop or retail outlet, there is a clear likelihood of the pioneer herbal’ product being associated or connected with the Plaintiffs’ or confused with the Plaintiffs’ products…Considering the fact that the case of the Defendants is that they have been using these containers and labels since 2013, this Court is inclined to grant time to the Defendants to revert with instructions as to the time that may be required for changing over from using the containers with the impugned trade dress.”