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JIPR Vol.10(6) [November 2005] >


Title: Passing off and the Law on ‘Trade Dress’ Protection: Reflections on Colgate v Anchor
Authors: Tiwari, Anu
Keywords: Passing off
trade dress
Issue Date: Nov-2005
Publisher: CSIR
Abstract: The trade dress or ‘get-up’ of goods has long been recognized as protected from any form of unauthorised appropriation traditionally under the law of passing off and more recently under the tort of unfair trading. The paper principally relies on case analysis in order to ascertain the approach of the courts with regard to this species of protection. This has been essential because statutory law on trademark lacks express provisions, which could comprehensively bring within its sweep trade dress protection of articles of commerce. This paper assesses impact of a recent judgment of Delhi High Court in Colgate v Anchor, on the course law takes in future on this subject. This ruling has considerably widened the net of protection available to the external appearance and configuration of goods—together constituting the ‘trade dress’ of goods. An attempt has been made to critically analyse the Colgate ruling and assess its merits on the touchstone of the principles extracted from the existing corpus of case laws on trade dress protection, in the process arguing against a liberal protectionist regime.
Page(s): 480-490
ISSN: 0971-7544
Source:JIPR Vol.10(6) [November 2005]

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