Law: Competition Act, 2010

Section: 10,37(2)

Competition Act (XIX of 2010)--- ----Ss. 10 37(2)---Deceptive market practice---Proof---Trademark, fraudulent use---Parasitic Copying---Trade Dress---Allegation in the complaint was that respondent was fraudulently using trademark of complainant to deceive consumers---Enquiry Committee did not find any violation of S. 10 of Competition Act, 2010---Validity---Term The New York Pizza was a part of registered trademark in itself---Whether copying of such term was to be dealt with in perspective of Parasitic Copying or not, was an issue which Enquiry Committee did not deliberate on---Parasitic Copying was a serious problem and had already been treated as fraudulent use of anothers trademark and dealt with iron hands in earlier matters---Evidence produced by Enquiry Committee during hearing showed that respondent had not only copied brand name but also trade dress of the complainant---Cursory glance of pictures available on record made the Competition Commission to believe that there were some similarities present between trade dresses of both the parties, and the same was over sighted by Enquiry Committee---Fashion in which respondent designed its outlets was identical to Complainants outlet---Trade Dress included d cor or environment in which services were provided and were usually protected under law---Matter was not simple infringement of trademark instead it was Parasitic Copying and it required deeper appreciation of facts and evidence---Competition Commission remanded the matter to Enquiry Commission for decision afresh. ORDER 1. This order shall dispose of an enquiry initiated against Messrs New Yorker Pizza (the Respondent) on the complaint filed by Messrs The New York Pizza (the Complainant), for carrying out deceptive marketing practices and violating Section 10 of the Competition Act, 2010 (the Act). 2. A complaint was filed by the Complainant on October 17th, 2018, wherein the Respondent was alleged to have adopted a trademark New Yorker Pizza deceptively similar to the Complainants registered trademark The New York Pizza. It was also alleged that adoption of the said trademark with an addition of er as suffix in the trademark of the Complainant could…

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