Recently, a High Court in India has granted a decree of permanent injunction in favour of FERRERO ROCHER chocolate specialist against the Defendants who were dealing with confectionary and look alike product ‘D-Lizie’.
In 2014, Ferrero Rocher, chocolate specialties, had sought permanent injunction against the Defendants for declaration, permanent injunction restraining infringement of trademarks, trade dress, passing off, unfair competition, rendition of accounts, delivery up, dilution etc.
While granting the decree, the High court held that:
– “the plaintiffs have proved beyond doubt that the plaintiff is the registered proprietor of the trademark FERRERO ROCHER as well the trade dress and
hence the plaintiffs have the exclusive right to use the trademark including trade dress of FERRERO ROCHER.”
– ‘it is quite clear that the defendants are infringing the statutory and common law rights of the plaintiffs with respect to the said products and the trade dress.’
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