Ice cream company guilty of copyright infringement

Mumbai: The Bombay high court has directed an ice cream manufacturer to call back and destroy all labels, packaging, hoardings, among others that had the brand name almost similar to that of a well known brand of ice cream. The order was prompted after the original owners of the brand ‘Cornetto’ approached the court complaining of trademark violation and passing off. The court appointed a court receiver who confirmed that indeed the copying has occurred and the claims of the original manufacturer was valid, after which the order was passed.  

Justice S.J. Kathawalla held an in-chamber hearing of Unilever PLC the owner of the Cornetto brand of ice-creams claiming that they had the brand registered with the concerned authorities but the same had been violated by using a name very similar to the registered brand with a view to mislead people into buying the product. The company sought an injunction against the use of the brand name and destruction of all material that was used by the respondents to vend their product.

After hearing the submissions of the company, the court appointed a receiver to seize all the goods, labels, covers, wrappers, hoardings, cartons, bill books, visiting cards, pamphlets, literature, stamps, seals, printing, packing and advertising material and other things bearing or containing the impugned trade mark and/or any other trade mark deceptively similar to the well-known said trade mark ‘Cornetto’ and destroy the same.

In the hearing on Wednesday, the receiver submitted that all the goods as sought by Unilever had been seized. On their part the owners of the company that used the well known brand name gave an undertaking that the same would be destroyed and they would not use it again. They also undertook to pay rs 2 lakhs as damages/costs to Unilever before June 8 after which the case was disposed off.