TECHNO PLASTIC INDUSTRIES Vs. DART INDUSTRIES INC

JUDGEMENT

(1.) This appeal is filed by the appellant against the order passed by the learned single Judge, whereby the learned single Judge had confirmed the order of interim injunction granted in favour of the respondent herein and injuncted the appellant from passing off their products as that of the respondents herein.

(2.) The respondents herein filed the original applications seeking an order of interim injunction against the appellant herein/defendant from passing off their products as that of the respondents herein, as the trade dress and getup of their products were deceptively similar and almost identical to that of the products manufactured and marketed by the applicants.

(3.) The case of the applicants before the learned single Judge was that they are in the field of production and sale of food grade plastic storage containers and other products under the brand name of "Tupperware Products". In the course of business activities, the products of the applicants, due to its characteristic features and design distinct appearance, have become unique pieces in the market and, thereby, the goodwill and reputation of the products of the respondents in the market along with the market share rose leaps and bounds. The products of the respondents is being marketed in more than 100 countries across the globe and the market share and the annual sales revenue of the respondents products is to the tune of $2.6 Billion even in the year 201 The products of the respondents were launched between 2004 and 2011 in the Indian markets and that the respondents are the global leaders in the market pertaining to food grade plastic containers.