Berger Paints Vs JSW Paints

The Berger Paints India Ltd v. JSW Paints Pvt Ltd case revolves around a trademark infringement dispute between two paint companies. Here are the key details:

⦁ Case Number: CS 64 of 2020

⦁ Court: Calcutta High Court

⦁ Judge: Justice Krishna Rao

⦁ Judgment Date: December 12, 2023

Berger Paints India Ltd, the plaintiff, owns a registered trademark "SILK" for paint products, which was adopted in 1980. JSW Paints Pvt Ltd, the defendant, launched a paint product with the mark "HALO SILK". Berger Paints claimed trademark infringement and sought an injunction against JSW Paints .

The Calcutta High Court dismissed Berger Paint's trademark infringement plea, citing the lack of deceptive similarity between the marks and emphasizing the descriptive nature of the term "SILK" in the paint industry. The court found no infringement and refused the injunction sought by the plaintiff .

Key Findings :

⦁ No Deceptive Similarity: The court found no actual similarity between the marks "SILK" of both the plaintiff and the defendant.

⦁ Descriptive Nature of "SILK": The term "SILK" is used to describe the finish and texture of paint, making it difficult for Berger Paints to claim exclusive rights.

⦁ Distinctive Features: The packaging, shape of containers, and color schemes of the products were completely different.