Law:

Section:

Competition Act (XIX of 2010)--- ----Ss. 10, 30, 37 & 38---Deceptive marketing practices---Allegation was that respondents had copied complainant's distinct and registered trademark "Taizgaam" in a way that "winda" product marketed by the complainant and the respondents was undistinguishable; that respondents had used deceptively similar product labelling and packing to that of the complainant; thereby creating an impression in the minds of the consumers that their products were actually those of the complainant's; that such conduct of the respondents was violation of S.10 of the Competition Act, 2010---Enquiry was conducted in the matter and Competition Commission initiated proceedings under S.30 of the Competition Act, 2010 against the respondents by issuing show-cause notice---Competition Commission on the basis of inquiry report and pictorial comparison of tags and bags of the complainant's product with that of the respondent's, found that there was an identical usage or exact replica of the trademark and the trade dress of the complainant by the respondents, was materially deceptive and it had a direct bearing on the transactional decision of the ordinary consumer causing undeniable confusion in their minds as to the sources of the product in question---Conduct of said respondent, amounted to unauthorized and fraudulent use of the complainant's trademark packaging and product labelling within the meaning and scope of S.10(2)(d) of the Competition Act, 2010---Other respondent was involved in the practice of copying the complainant's trademark as well as trade dress---Said respondent had introduced a minor differentiation in its brand name, which was clear violation of S.10(2)(d) of the Competition Act, 2010---Yet another respondent was using the exact trademark and product labelling as that of the complainant on the product tag---Similarly all other respondents had also acted in violation of S.10 of the Competition Act, 2010 as there conduct was materially deceptive in terms of unauthorized use of the complainant's trademark as well as trade dress---Respondents had printed trademark registration numbers on their respective packing giving impression to…

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