Shree Vardhman Rice & Gen Mills v. Amar Singh Chawal Wala

Deceptive similarity in trade dress can amount to passing off even without identical trademarks

Summary

This case is an important Indian authority on passing off and trade dress protection, particularly in the context of agricultural and food products. The Delhi High Court examined whether imitation of packaging, colour scheme, and overall visual appearance could mislead consumers, even when the brand names were not exactly the same. The judgment reinforced that goodwill in trade dress is legally protectable.

Facts of the Case

Shree Vardhman Rice & Gen Mills was engaged in the manufacture and sale of rice under a distinctive packaging style that had gained reputation and consumer recognition. Amar Singh Chawal Wala began selling rice using packaging that closely resembled the plaintiff’s trade dress, including similar colour combinations, layout, and overall presentation. Although the defendant used a different brand name, the plaintiff argued that the overall similarity was sufficient to confuse ordinary consumers and amounted to passing off.

Findings / Reasoning

The Delhi High Court held that in passing off actions, the focus is not merely on the brand name but on the overall impression created in the minds of consumers. The Court observed that rice is often purchased by average consumers with limited attention, and visual similarity in packaging plays a decisive role. It concluded that the defendant’s packaging was deceptively similar and likely to mislead consumers into believing that the goods originated from the plaintiff. Intent to deceive could be inferred from the close imitation.

Suggestions / Observations

The judgment emphasized that traders must adopt packaging that is clearly distinguishable from competitors, especially in markets dealing with common consumer goods. Copying the “get-up” or visual identity of a successful product, even without copying the exact name, can still invite legal liability. Honest commercial practices demand originality in presentation.

Judgment & Date

The Delhi High Court granted an injunction restraining the defendant from using deceptively similar packaging and trade dress.

Judgment Date : 2 November 2010