Passing off is wider than Trademark action - Injunction granted from using trade dress and packaging deceptively

Calcutta High Court Upholds Temporary Injunction in Trademark Case Edible Products (India) Limited Secures Legal Victory Against Shalimar Chemical Works for Trademark Passing Off

The Calcutta High Court has upheld a temporary injunction restraining Shalimar Chemical Works Private Limited from using trade dress and packaging deceptively similar to Edible Products (India) Limited's product. The decision was delivered by a Division Bench comprising Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya on December 3, 2025.

The case revolves around allegations of trademark infringement and passing off. The plaintiff, Edible Products (India) Limited, argued that Shalimar Chemical Works had used a packaging design for its products that was deceptively similar to its own, potentially misleading consumers. The plaintiff sought a temporary injunction to prevent further use of the disputed packaging by the defendant.

In its judgment, the High Court emphasized the importance of the "Classic Trinity Test" in passing off cases, which requires the plaintiff to demonstrate goodwill in its product, misrepresentation by the defendant, and consequent damage to the plaintiff's goodwill. The court found that Edible Products (India) Limited had established goodwill associated with its trade dress since 2006, while Shalimar Chemical Works' packaging was likely to mislead consumers due to its striking resemblance.

The court also noted that the shape and design of Edible Products' packaging were distinctive and warranted protection under intellectual property law. It rejected the defendant's claim that the packaging shape was generic, citing the defendant's own application for registration of a similar bottle shape as evidence of its distinctiveness.

The appellate court upheld the trial court's decision, affirming the temporary injunction and dismissing the application to vacate the previous ad interim order. The judgment highlights the broader scope of passing off actions compared to infringement actions, asserting the protection of established goodwill and preventing market confusion.

Bottom Line:

Trademark and Passing Off - Temporary injunction granted restraining the defendant from using trade dress and packaging deceptively similar to the plaintiff's product.

Statutory provisions: Trade Marks Act, 1999 Sections 27(1), 27(2)

Edible Products (India) Limited v. Shalimar Chemical Works Private Limited, (Calcutta)(DB) : Law Finder Doc Id # 2817019