Colgate vs Doctor Good: Delhi HC Asks Customs to Verify Trademark Violation
The Delhi High Court has asked Customs authorities at Mundra Port to check whether certain Chinese-made dental products use packaging that looks deceptively similar to Colgate’s well-known red and blue trade dress.
Colgate-Palmolive alleged that toothbrushes and toothpastes imported from China under the brand name Doctor Good copy its signature packaging style. The company argued that such imitation could mislead customers and harm Colgate’s brand reputation.
Justice Tejas Karia, after comparing the images of the products, observed that the trade dress of the Chinese goods appeared prima facie similar to Colgate’s. The Court noted that both sets of products target the same market, channels, and consumers, raising a high chance of confusion.
However, the Court said it cannot pass an injunction order until it is confirmed that the seized goods indeed carry the disputed packaging. It directed Customs to open two boxes stored at their warehouse and inspect them in the presence of Colgate’s representatives. The boxes must remain in the Customs warehouse until further orders.
The Court also asked the authorities to submit a detailed report within two weeks, including photographs, descriptions, origin details, and particulars of the exporter and consignee, in a sealed cover. The case will be heard next on October 29.
