Fox & Mandal successfully represented Shalimar’s (Shalimar Chemical Works Pvt Ltd) before the Calcutta High Court, which upheld a temporary injunction in Shalimar’s favour in a significant passing-off action. The Court held that the defendant’s packaging deceptively resembled Shalimar’s iconic trade dress, reaffirming the brand’s long-standing goodwill and market reputation. The decision underscores the strong protection available to brand owners against imitation and affirms Shalimar’s superior rights in its distinctive trade dress and overall get-up. A particularly interesting aspect of the case was the Court’s nuanced focus on the overall trade dress rather than isolated design elements. Our challenge lay in showing how colour tones, bottle shape, ribbed texture, and visual motifs, though individually common, collectively create a unique commercial impression identified with Shalimar. The matter also required engaging with evolving Indian jurisprudence on the average-consumer test, secondary meaning, and the broader contours of passing off, making the analysis both complex and impactful. Our team comprised Debanjan Mandal, Managing Partner, Sanjiv Kr. Trivedi, Partner, Iram Hassan, Partner, Sanket Sarawgi, Principal Associate, Mahima Cholera, Senior Associate, Himanshu Bhawsinghka, Associate.
Fox & Mandal Secures Trade Dress Injunction for Shalimar before Calcutta HC
