COLGATE PALMOLIVE CO LIMITED Vs. PATEL

JUDGEMENT

(1.) A chromatic monopoly in respect of red and white colours claimed by the plaintiff by virtue of the registration of its mark is the issue which arises in this application for interim relief which affects not only the large tooth paste market in India in particular but also the issue of exclusive rights to a particular colour scheme generally.

(2.) The plaintiff No. 1 Colgate Palmolive Co. Ltd. and Plaintiff No. 2 Colgate-Palmolive (India) Limited have filed the present suit for permanent injunction restraining infringement of trade mark and copyright, passing off, unfair competition, damages, rendition 'of accounts against the defendant No. 1, Director of Ajanta India Limited, and defendant No. 2, Ajanta India Limited.

(3.) The plaintiffs have averred that they are an undoubted international market leader in the tooth paste trade and the plaintiff No. 2 is manufacturing and marketing Colgate toothpaste in India since 1937. The core issue enumerated above arises in view of the fact that the plaintiffs had always marketed their product with the red carton and the word COLGATE was inscribed on the said red carton in white colour and the other small print on the carton was also in white colour. The word COLGATE has been inscribed in a particular font. The mark of the plaintiffs is registered in India since 1954. It is not in dispute that the plaintiffs are not only the market leader internationally but are market leader in this country also. For ready reference the registered mark of the plaintiffs, along with the details of registration certificate is reproduced as under:-