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Case / Trial ID Number
Jurisdiction Code
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Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
Berger Paints India Ltd.
Respondent / Defendant
JSW Paints Pvt. Ltd.
Dispute Summary
The Calcutta High Court addressed an appeal concerning the use of the word 'silk' in relation to paint products. While acknowledging that 'silk' can be used descriptively to denote a specific product finish, the court cautioned against its misuse as a trademark that could lead to consumer confusion (passing off). The court allowed JSW Paints Pvt. Ltd. to continue using 'silk' on their product tumblers, provided they strictly limit its use only to products with a silk finish and clearly state this description in advertisements. The core proprietary rights of Berger Paints India Ltd. over the term remain undecided pending trial.
Outcome / Ruling
mixed
Verdict Document PDF URL
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