Justice Prathiba M Singh restrained the defendant from using marks ‘Charge’, ‘Fortify’, ‘Activate’, ‘Recover’ and ‘Reload’ holding that they are complete imitation of the laintiff’s colour combination, trade-dress and get-up.
“Accordingly, till the next date of hearing, the Defendants and all persons acting for or on their behalf are restrained from any fresh manufacturing ofthe products under the impugned sub-brands CHARGE, FORTIFY, VITALIZE and RELOAD or any other mark/name which is deceptively/confusingly similar to that used by the Plaintiff. The Defendants are also restrained from usmg identical or deceptively/confusingly similar get up and colour combination for the packaging of the products as that of the Plaintiffs products,” the Court ordered.
Source: Barandbench
