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The early entry of the Travel Blue’s registered design in the market which is now sought to be diluted by the Miniso’s infringed product is prima facie likely to cause injury to the Travel Blue Products’ business, reputation and goodwill.
The impugned order does not consider the aspect as to what constitutes publication in the facts of the present case. There has been no discussion on this aspect of the matter in the impugned order.
The main grievance of the plaintiff is that defendant 2 has by adopting a trade dress for its BERKINS brand range of shoes which is nearly identical to the plaintiff’s RS-X range of shoes, sought to pass off its products as those of the plaintiff.
Bombay High Court: In a case filed by Atomberg Technologies Private Limited (‘plaintiff’) seeking temporary injunction as Polycab India Limited
Delhi High Court: The Single Bench of Vipin Sanghi. J. has held that on a prima facie examination, neither the Carlsberg Breweries’