Oct 15, 2020
Bombay HC brings relief to Parle Products as it holds up Future Consumer from the use of identical packaging of brands.
The Bombay High Court has brought relief for the Parle Products as it has restrained Future Consumer Ltd (FCL) from using trade-dressing or packaging that is allegedly identical with its three biscuit brands Monaco, KrackJack and Hide & Seek.
Parle Products has moved the court seeking to restrain FCL from using allegedly identical packaging for its brands Monaco, KrackJack and Hide & Seek. Future Consumer is selling its brands under the name of ‘CrackO’, ‘Kracker King’ and ‘Peek-a-Boo’.
Parle Products went to court against Kishore Biyani promoted Future Consumer to restrain it from infringement of copyright. It also alleged that Future Consumer has intentionally stocked its products on the shelves alongside plaintiffs’ products in its Big Bazaar stores.
Justice KR Shriram in his order of October 9, said that comparison of the rival products hardly leaves any doubt about the manner in which defendants (FCL) have blatantly copied plaintiffs’ (Parle’s) packaging/labels and it is very apparent that Defendants must have had Plaintiffs’ products before them while designing the impugned packaging. The similarity in the rival packaging/labels cannot be a matter of coincidence.
The court has directed Future Consumer not to use any products which have any similarity with Monaco, KrackJack or Hide & Seek, until further order and has directed the company to file its response within four weeks.