Executive Summary
Emami Limited sued Patanjali Ayurved Limited for infringement of its registered trademark 'Kesh King' and design of a bottle, alleging that Patanjali’s ‘Kesh Kanti’ was deceptively similar and copied the bottle design, creating confusion among consumers. The Petitioner claimed significant turnover (Rs. 305.44 Crores) after acquiring rights to both the trademark and design.
Practitioner Note
This decision the court granted an interim injunction restraining patanjali from using the 'kesh kanti' trademark or any similar design for ten weeks or until further order. relief to the petitioner. If you are facing a similar patent dispute before Calcutta High Court, this precedent supports interim or final relief where the facts are comparable. The ratio regarding the applied tests is particularly relevant for strategy.
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