Tiêu đề VR (Session 2).pptx ✅

DESIGN LAWS SESSION-2 DESIGN CANCELLATION FEBRUARY 07, 2025 Vikrant Rana Managing Partner, S.S. Rana & Co.

QUESTIONS? Is someone likely to buy Hunter beer instead of Tuborg beer, if the branding is not very much clear/visible? Are the two bottles deceptively similar? Is there any likelihood of confusion in the mind of the customer? Would the said confusion lead to any loss of business to Tuborg company (Carlsberg)?
CARLSBERG BREWERIES A/S. V SOM DISTILLERIES AND BREWERIES LTD., C.S.(COMM) 690/2018 This was a composite suit, i.e., the suit was for both trademark and design infringement. There was imitation of its registered bottle design, trademark and trade dress to sell its Hunter beer amounting to design & trademark infringement and passing off. This judgment highlights that if a design is invalidated under Section 19 due to prior publication or lack of originality, it can also affect related claims of passing off. Emphasizes the importance of ensuring that registered designs are genuinely original and not misleading, which is critical for maintaining fair competition in the market.