HINDUSTAN COLAS PRIVATE LIMITED Vs. MUTHOOS ENTERPRISES, CHENNAI

JUDGEMENT

(1.) The suit has been filed for infringement of copyright and for passing off and for the consequential relief of damages.

(2.) According to the plaintiff, they have adopted the mark of "Hincol" along with its distinct logo / label as early as in the year 1996 for the purpose of its flagship product, "bitumen emulsion". The packaging of the plaintiff's barrels that contain the plaintiff's bitumen emulsion are black in colour with the "Hincol" logo emblazoned in the centre along with a diamond shape in yellow surrounding the "Hincol" logo. According to the plaintiff, their colour scheme of black and yellow on a barrel is identified with that of the plaintiff's for the last 27 years.

(3.) According to the plaintiff, the defendant adopted the mark "Muthoos" for packaging of a similar product i.e., "bitumen emulsion". However, according to the plaintiff, the defendant has copied the colour scheme of black and yellow, get up containing the yellow in diamond shape and layout thereof bearing an overall similarity to the plaintiff's label. Under those circumstances, this suit has been filed for infringement of copyright and passing off and for the consequential relief of damages.