1988 (5) TMI 368 - HC - Companies Law

Summary

Issues Involved:
1. Infringement of copyright in the floral design and artistic features of the plaintiff's pencils and cartons.
2. Infringement of the plaintiff's registered trademark "Camlin Flora" by the defendant's use of "Tiger Flore".
3. Interim injunction request by the plaintiff to restrain the defendant from using the allegedly infringing trademarks and designs.

Issue-wise Detailed Analysis:

1. Infringement of Copyright in the Floral Design and Artistic Features:
The plaintiff claims to be the owner of the copyright in the floral design and artistic features of its "Camlin Flora" pencils and cartons, which have been marketed since 1977. The plaintiff argues that the defendant's pencils and cartons are identical to or deceptively similar to their own, thus infringing on their copyright. The plaintiff emphasizes the distinctive features of their product, including the color combination of white, pink, and green, and the unique arrangement of flowers and leaves.

The court examined the two products and found significant similarities in the floral designs, color combinations, and overall appearance. The court noted that the defendant's pencils had a similar floral background, color scheme, and green band at the end, which could lead to confusion among consumers, especially children. The court concluded that the defendant had copied the plaintiff's distinctive features, establishing a prima facie case of copyright infringement.

2. Infringement of the Plaintiff's Registered Trademark "Camlin Flora":
The plaintiff contended that the defendant's use of the trademark "Tiger Flore" was deceptively similar to their registered trademark "Camlin Flora," both phonetically and visually. The plaintiff argued that the similarity between "Flora" and "Flore" could cause confusion among consumers, leading to an infringement of their trademark.

The court applied the principles of law for comparing trademarks, which include assessing the likelihood of confusion from the perspective of an average consumer with imperfect recollection. The court compared the two trademarks as a whole and found no phonetic or visual similarity between "Camlin Flora" and "Tiger Flore." The court emphasized that the first words "Camlin" and "Tiger" were distinct and that consumers would not be confused between the two marks. Consequently, the court ruled that there was no trademark infringement.

3. Interim Injunction Request:
The plaintiff sought an interim injunction to restrain the defendant from using the allegedly infringing trademarks and designs, arguing that the defendant's actions had caused them irreparable loss and damage to their reputation.

The court examined the cartons and pencils of both parties in detail. While the court found no similarity between the cartons, it observed that the pencils were quite similar in appearance, with identical floral designs and color schemes. The court noted that the resemblance between the two pencils was so close that it could only be the result of deliberate imitation by the defendant.

Given the evidence, the court concluded that the plaintiff had established a prima facie case for the grant of an interim injunction. The court determined that the balance of convenience favored the plaintiff and that the plaintiff was likely to suffer injury if the defendant continued to use the same color scheme and floral arrangement. Therefore, the court granted a partial interim injunction, restraining the defendant from using the distinctive features of the plaintiff's pencils, including the color scheme, floral arrangement, and general get-up, until the final decision of the suit.

Conclusion:
The court found in favor of the plaintiff on the issue of copyright infringement due to the significant similarities between the floral designs and color schemes of the pencils. However, the court did not find trademark infringement, as it determined that "Camlin Flora" and "Tiger Flore" were not deceptively similar. The court granted a partial interim injunction to protect the plaintiff's distinctive pencil features until the final resolution of the case.