When Bottles Look Too Alike: Bombay HC Backs Parachute in Trademark Faceoff

Introduction

In a recent case that highlights the importance of protecting brand identity and packaging, the Bombay High Court granted interim relief to Marico Limited, the maker of the well-known “Parachute” hair oil range. The Court temporarily restrained Zee Hygiene Products Pvt. Ltd. from operating packaging and labels that closely resembled those of Marico’s products. This decision asserts the legal protection offered to trade dress and branding under Indian trademark law.

Background

Marico Limited approached the Bombay High Court claiming that Zee Hygiene was selling hair oil products under the name “Cocoplus” with packaging, bottle shape, and design nearly identical to Marico’s “Parachute,” “Parachute Advanced,” and “Parachute Jasmine” oils. Marico argued that such copying could confuse consumers and amounted to trademark and copyright infringement as well as passing off.

Although Zee Hygiene holds a registered trademark for “Cocoplus,” the company was not using that exact mark on its packaging. Instead, it used labels and packaging that were, according to Marico, very similar to its own.

Key Observations of the Court

The Court while passing the interim order, made several important observations:

1. Packaging Copying Cannot Be Justified:
   The Court noted that the essential features of Marico’s products—like the shape of the bottle, label design, and overall appearance—were “slavishly copied” by the defendant. The judge stated that even though Zee Hygiene owned a registered trademark, it did not have a valid reason to adopt packaging so similar to that of an established brand.
2. No Honest Adoption in This Case:
   A major point of discussion was whether Zee Hygiene adopted the packaging in good faith. The Court made it direct that if a company copies the distinctive features of a well-known product, it cannot claim “honest adoption.” This resembled with previous rulings where Courts have emphasized the need to avoid misleading consumers through similar branding.
3. Delay Does Not Mean Agreement:
   Zee Hygiene argued that Marico had delayed legal action. Marico had issued cease-and-desist notices in 2010 and 2021 but had not taken further steps until now. However, the Court held that delay alone does not take away the right to protection unless the brand owner has clearly accepted the infringement.
4. Trademark Registration Is Not a Blanket Defence:
   The Court clarified that having a registered trademark does not automatically protect a company if its overall product presentation is deceptive or causes confusion among consumers. Trademark law prioritizes consumer protection and brand distinctiveness.

Significance of this case

This order placed several key legal principles in trademark and intellectual property law in India:

• Trade Dress Protection: The shape, colour, and packaging style of a product—also known as trade dress—can be legally protected even if not registered as a separate trademark.
• Deceptive Similarity: Even if the name is different, the overall appearance of a product can be held to infringe if it causes confusion in the minds of the public.
• Burden of Justification: If a product looks like another well-known brand, the onus is on the defendant to explain why they chose that appearance.

Court’s decision

The Court granted an interim injunction restraining Zee Hygiene and its associates from using any packaging or designs that resembled Marico’s registered trademarks and distinctive trade dress. However, the Court did grant the defendant a four-week stay on the order, giving them time to file an appeal or take appropriate legal steps.

Conclusion

The Bombay High Court’s decision in this case is a reminder that trademarks are not limited to names and logos. The overall look of a product—what consumers see on the shelves—matters just as much. When that appearance is copied too closely, it can lead to legal action. This ruling is not just a win for Marico but also a strong message to businesses to respect brand identity and avoid shortcuts that could mislead consumers.