Law:

Section:

Competition Act (XIX of 2010)--- ----Ss. 10, 30, 37 & 38---Deceptive marketing practices---Complainant company, engaged in the business of production, marketing and sale of a large variety of food products, contended that it had been using the word "National" as a trademark, house mark, company name and a logo, since 1970---Allegation against respondent was of preparing, packing, marketing and selling imitated food products using a confusingly similar logo "Shainal" and packaging in terms of colour scheme, design and over all get up to that of the complainant's product---Enquiry report revealed that conduct of respondent, prima facie, amounted to passing off its products as that of the complainant's through fraudulent use of complainant's logo, packing, colour scheme and get up of products in violation of S.10(1)(2)(d) of Competition Act, 2010 thus, had the potential to inflict harm upon the good-will and business interest of the complainant and cause confusion among customers through dissemination of fake and misleading information---Deceptive marketing practices had a direct impact on the public-at-large---According to S.10(2)(d) of the Competition Act, 2010, fraudulent use of another's trademark, firm name or product labelling or packing, would constitute a deceptive marketing practice---Respondent had in fact resorted to copying and contravened the provisions of S.10(1)(2)(d) of the Competition Act, 2010---Respondent's trade dress and overall impression of labelling and packaging of the product was deceptively similar to that of the complainant's trademark---Ordinary consumer who would purchase the respondent's product, was likely to be deceived by its packaging, logo and get up---Deceptive similarity in the respondent's trade dress and the complainant, trade dress had the potential to directly or indirectly affect the transactional decision of the consumer to buy the respondent's product, on the misleading pretence as to origin/place of production and quality of the product and hence materially deceptive---Competition Commission was of the view that such conduct of the respondent had resulted in violation of S.10(1)(2)(b) of the Competition Act,…

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