Bajaj Almond Hair Oil: Delhi High Court Directs Pioneer Herbals To Consider Changing Their Deceptively Similar Trade Dress

[16 May 2022] The Delhi High Court recently, while adjudicating on a trademark infringement suit instituted by hair oil manufacturer Bajaj, has asked the defendant company ‘Pioneer Herbals’ to consider a change of their trade dress to avoid infringement of the former’s rights. Justice Prathiba M Singh observed: “In view of the facts of the present case and the above legal position, this Court is prima facie of the opinion that if the Plaintiffs’ and the Defendants’ products are stocked together in any shop or retail outset, there is a clear likelihood of the Defendants’ product being associated or connected with the Plaintiffs’ or confused with the Plaintiffs’ products…Considering the fact that the case of the Defendants is that they have been using these containers and labels since 2013, this Court is inclined to grant time to the Defendants to revert with instructions as to the time that may be required for changing over from using the containers with the impugned trade dress.”