Anchor barred from using Colgate pack colours
By Our Convergence Bureau | 01 Nov 2003
New
Delhi: The Delhi High Court has barred Anchor Health
& Beauty Care Pvt Ltd from using Colgate''s colour
combination of red and white on the packaging of its toothpowder,
according to a release issued by Colgate-Palmolive (India)
here on Friday. According
to the release, the interim order was issued on October
29, 2003, by Mr Justice J.D. Kapoor of the Delhi High
Court.
"Soon after Colgate launched a new look can for their
toothpowder in August 2002 comprising the red and white
colour combination with splashes of yellow, Anchor almost
immediately came out with its own look-alike version of
toothpowder packaging," the release said.
According
to the release, Mr Justice Kapoor has observed in his
order that "the court is not required to find out
whether there is confusion or deceptiveness. The test
is whether there is likelihood of confusion or deceptiveness
in the minds of customers, irrespective of dissimilarities
in the trade name."
