Mother Dairy was granted a permanent injunction against defendants using a mark and a trade dress bearing close similarity to its own. Declaring the Mother Dairy trade mark and logo well-known, the court concluded the defendants were clearly intent on taking unfair advantage of the brand and passing-off their products as those of Mother Dairy’s.
The defendants, selling Vinay Milk, had employed a blue logo with white lettering and packaging which blatantly copied Mother Dairy’s protected and registered marks.
In an earlier order, the Delhi High Court had granted an ad interim ex parte injunction from using or marketing their products under a logo and brand which was similar to that of Mother Dairy. In its latest hearing, the judge expressed his displeasure over the “dis-interest shown by the defendants in defending the impugned acts”, with not even a written statement being filed by them.
Mother Dairy Fruit & Vegetable Pvt.Ltd. v. S.K. Raheem & anr.; before the Delhi High Court; 24 December 2016