New Delhi: The Delhi High Court has barred Anchor Health & Beauty Care Pvt Ltd from using Colgate's colour combination of red and white on the packaging of its toothpowder, according to a release issued by Colgate-Palmolive (India) here on Friday.
According to the release, the interim order was issued on October 29, 2003, by Mr Justice JD Kapoor of the Delhi High Court. "Soon after Colgate launched a new look can for their toothpowder in August 2002 comprising the red and white colour combination with splashes of yellow, Anchor almost immediately came out with its own look-alike version of toothpowder packaging," the release said.
According to the release, Mr Justice Kapoor has observed in his order that "the court is not required to find out whether there is confusion or deceptiveness. The test is whether there is likelihood of confusion or deceptiveness in the minds of customers, irrespective of dissimilarities in the trade name."