Introduction
IPR (Intellectual Property Right) refers to the legal rights that protect the creative and intellectual works of individuals and organizations. IPR can include copyrights, trademarks, patents, and trade secrets, among other forms of intellectual property. These rights are important for protecting the interests of creators and ensuring that they are properly compensated for their work.
Trade dress is a type of intellectual property right that protects the unique appearance of a product or its packaging. It is often used to protect the distinctive look and feel of a brand or product, which can help consumers identify and distinguish it from similar products. Trade dress can include the overall design and appearance of a product, its packaging, and even the way it is presented or displayed. The goal of trade dress is to prevent competitors from creating products or packaging that is confusingly similar to the protected product, which could unfairly benefit from the reputation and goodwill of the original product.
Importance of trade dress
Trade dress is an important part of intellectual property law because it helps protect the unique packaging and appearance of a product. This can be important for businesses because the distinctive look and feel of their products can help them stand out in the marketplace and create a strong connection with consumers. Trade dress can also help protect consumers by ensuring that they are able to easily identify and distinguish the products they purchase. This can help prevent confusion and protect consumers from purchasing counterfeit or inferior products. Additionally, trade dress can help businesses protect their investments in branding and product design by preventing competitors from unfairly benefiting from the reputation and goodwill of their products.
Trade dress protection in India
In India, trade dress protection is governed by the Trade Marks Act of 1999. The Act defines trade dress as “the overall appearance and presentation of a product or its packaging” and provides legal protection for trade dress that is distinctive and capable of distinguishing the goods or services of one person from those of another. To obtain trade dress protection in India, a person or company must register their trade dress with the Trade Marks Office of the Indian Intellectual Property Office. Once registered, the trade dress is protected for a period of 10 years, after which it can be renewed.
Scope of trade dress protection in India
In India, the scope of trade dress protection is defined by the Trade Marks Act of 1999. The Act provides legal protection for trade dress that is distinctive and capable of distinguishing the goods or services of one person from those of another. This means that trade dress must be unique and not simply descriptive of the goods or services with which it is associated, trade dress must not be functional or essential to the use of the goods or services it is associated with. If trade dress meets these criteria, it can be protected under Indian law.
Difference between trade dress and trademark
The main difference between trade dress and trademark is the type of intellectual property they protect. A trademark is a term, phrase, symbol, or design used to identify and differentiate the source of products or services. It can be a word or phrase, like a firm name or slogan, or a visual feature, like a logo or design. Trade dress, on the other hand, is the entire appearance and presentation of a product or its package. This can include the design, shape, color, or packaging of a product, as well as the way it is presented or displayed.
Case Laws
Gorbatschow Wodka Kg v/s John Distilleries Limited on 2 May, 2011
Both of these businesses were vodka businesses in this situation. John designed the same bottle as Gorbatschow, which has a distinctive bulbous form influenced by Russian architecture. The Court determined that this form had a deceptive similarity that may create consumer confusion. John Distilleries was barred from using the bottle design to market their goods.
Pidilite Industries Limited v/s Poma-Ex Products and 15 Ors on 2 August, 2017
In this case law, the defendant was accused of using ‘KWIK,’ a portion of the plaintiff’s trademark, dishonestly. The defendant was utilizing the trademark KWIKHEAL, and the product packaging was identical to the plaintiff’s FEVIKWIK.
The Bombay High Court held that the defendant could not use the mark ‘KWIK,’ which was a significant portion of the plaintiff’s trademark. The court also said that the scars’ phonetic resemblance would readily mislead and defraud customers. The word ‘KWIK’ was declared a significant element of the plaintiff’s trademark, and an injunction barred the defendant from using it.
Conclusion
With additional competitors, trade dress provides a new platform for securing the element of differentiation. Even ignorant shoppers may distinguish different items depending on their packaging. The colour of a product also gives it a distinct identity. It mostly affects the appearance of the product. It varies from a trademark in that a trademark deals with words, logos, slogans, insignia, and other identifying features that are fixed on a product to differentiate it from others.
References
Pidilite Industries Ltd. v. Poma-Ex Products (lawessential.com)
https://www.khuranaandkhurana.com/wp-content/uploads/2018/03/Compendium-2017.pdf
Bombay HC on passing off & shape of Vodka bottle | SpicyIP