As we all know, the foreign countries have always faced the battles between the different brands for the trademarks and copyright. Similarly, India has now newly started facing these legacy battles between big brands. Also, it is a rare case of a domestic company suing an MNC for trademark violation. Parle Agro has proceeded with legal action against Walmart India for trademark infringement. Let us know in detail about this case.
Why did Parle Agro appeal for Trademark Violation?
Walmart India is a mix of shopping experiences that serve Indian consumers, suppliers, producers and retailers. It offers Indian consumers a mix of modern products which include e-commerce, logistics and food beverages items like Walmart India’s Fizzy Apple product etc.
Parle Agro has to take legal action against Walmart India for ‘deceptively’ packaging and selling an apple-flavoured drink, similar to its trademarked Appy Fizz. Now, Parle Agro has transferred the case to Bombay High Court against Walmart India since the court has restricted Walmart from trading any product allegedly similar to the petitioner’s product until further order.
Representing Parle Agro, advocate Hiren Kamod told the court that the entire trade dress of the defendant’s product is identical to its product.
Some of these identical terms are as follows:-
- Mark of its product
- Identical shape
- Colour Scheme
- The label of the product
Hence, by the statement of Walmart India’s part advocate Abhishek Malhotra, ‘Fizzy’ was a general descriptive word which no one can claim the monopoly over. Moreover, the next hearing is on August 20 2020.
Significance of Trademark Registration
As we observed above, even big MNCs are also attempting to confuse the public at large with similar packaging of products and avail undue advantage. Trademark registration helps play a safeguard role in such situations and protect brand owners against such trademark infringement.
A trademark can be a phrase, logo, design, and combination of colours or shapes etc. Also, denotes the uniqueness of a brand or the product and differentiate from competitors.
Trademark Registration is necessary for many reasons such as –
- A unique Brand logo is the most valuable asset of any business.
- since the customers can swiftly recognise your product or services easily.
- Also, protect your brand logo from misuse or duplication by others.
- Trademarks permit businesses to utilise the Internet and social media effectively.
- Moreover, trademarks are an efficient commercial communication tool to attract customer attention.
- Also, make your business, products and services stand out.
With Trademark registration, you can protect your brand name from violation and unauthorised use by others.
In case you need any further guidance with regards to online Trademark Registration, please feel free to contact us at 8881-069-069.
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