Record Details


Field	Value

Title	Passing off and the Law on ‘Trade Dress’ Protection: Reflections on Colgate v Anchor

Creator	Tiwari, Anu

Subject	Passing off trade dress

Description	480-490 The trade dress or ‘get-up’ of goods has long been recognized as protected from any form of unauthorised appropriation traditionally under the law of passing off and more recently under the tort of unfair trading. The paper principally relies on case analysis in order to ascertain the approach of the courts with regard to this species of protection. This has been essential because statutory law on trademark lacks express provisions, which could comprehensively bring within its sweep trade dress protection of articles of commerce. This paper assesses impact of a recent judgment of Delhi High Court in Colgate v Anchor, on the course law takes in future on this subject. This ruling has considerably widened the net of protection available to the external appearance and configuration of goods—together constituting the ‘trade dress’ of goods. An attempt has been made to critically analyse the Colgate ruling and assess its merits on the touchstone of the principles extracted from the existing corpus of case laws on trade dress protection, in the process arguing against a liberal protectionist regime.

Date	2009-04-02T06:02:48Z 2009-04-02T06:02:48Z 2005-11

Type	Article

Identifier	0971-7544 http://hdl.handle.net/123456789/3696

Language	en_US

Publisher	CSIR

Source	JIPR Vol.10(6) [November 2005]

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