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The Delhi High Court order restrained Anchor from using Colgate's
colour combination of red and white in that order on the container/packaging
of its tooth powder packaging. The interim order was issued on 29
October.
After "careful and cautious consideration to the rival contentions",
Justice JD Kapoor ruled that he had come to "the most ineluctable
conclusion that the plaintiffs (Colgate) have successfully established
a prima facie case for injuncting the defendant (Anchor) from using
the colour combination of red and white in that order as trade dress
on the container and packaging. As a consequence, the application
is allowed and defendants are, by way of an ad interim injunction,
restrained from using the colour combination of red and white in
that order on the container/packaging of its goods viz. the 'Tooth
Powder'."
According to a release issued by Colgate, the dispute arose soon
after the toothpaste behemoth launched a new look can for its toothpowder
product in August 2002 comprising the proportioned red and white
colour combination with newly added splashes of yellow. Anchor almost
immediately came out with its own "look-alike" version of toothpowder
packaging.
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