Jyothy Labs vs. Dabur India: Bombay HC Rules on Trade Dress
The Bombay High Court has clarified that trade dress protection extends beyond individual packaging elements to the overall visual impression created for the average consumer. In Jyothy Labs v. Dabur, the Court ruled that strategic emulation of a competitor's trade dress constitutes passing off, even if brand names differ. By applying the global test for similarity under the Trade Marks Act 1999, the judiciary protects established market goodwill against deceptive mimicry. This decision emphasizes that trade dress audits are essential for companies to avoid liability and maintain brand integrity in the competitive FMCG sector.