Dabur's logo

LEGAL DIGEST

Mother's Pride, a chain of kindergarten schools in New Delhi, has decided to change its logo. The school has been dragged to court by Dabur for allegedly violating the copyright law by adopting a banyan tree as its logo. The company claimed the logo was an exact copy of the tree which was identified with Dabur products.

On Tuesday, the advocate for Mother Pride informed the high court judge, Justice Pradeep Nandrajog, that they had changed the logo showcasing some tree branches in a skull.

Justice Nandrajog has asked the school to mention this in an affidavit and place it before the court by January 8. However, the school has sought permission from the court to use the stationary which has the banyan tree as the logo. They have promised to exhaust the stationary within three months.

Reacting to the submissions of the school, the advocate for Dabur said the company had not objection to the institution using the stationary for three months if the logo was not used for advertisement and promotional material. With regard to claiming damages, Dabur's advocate shall seek instructions from his client and inform the court on January 8.

Anchor designs

The Delhi high court has passed a restraint order in four different suits against those who allegedly copied designs of Anchor switches and plates and sold them at cheap rates in the market. Claiming it was violating their intellectual property, patent and designs rights, Anchor dragged all the four manufacturers to the court.

Justice Rekha Sharma passed a restraint order and appointed local commissioners to carry out raids at Mumbai and Delhi. The local commissioners have to submit a report before the court on January 12.

According to advocate Pratibha Singh, her client, Anchor, is well-known in the market for manufacturing quality switches and plates. She claimed that Anchor had a patent for the switch mechanism which was unique and even its designs were registered. Therefore, each plate has a unique switch.

However, it appears that local companies in Delhi and Mumbai have started manufacturing switches by copying the designs and measurements. Although they do not mention the trademark of Anchor, they are apparently selling the product claiming it to be similar to that of Anchor.

"Therefore an electrician buys the same switch for just Rs 10 but cheats the consumer by claiming that is an Anchor product and charges more from him. This has damaged the reputation of the company in the market as these local switches do not last for long,'' claimed Singh. The company has sought Rs 25 lakh each from the four different local manufacturers as damages.