The Delhi High Court prohibited Parle, a food processing company, from selling its vanilla cream-filled chocolate sandwich biscuits under the packaging label ‘FABIO’ or ‘FAB!O’ due to its close resemblance and misleading similarity to the ‘OREO’ biscuits.
“This injunction shall also apply to stocks presently in the defendant‘s possession and as yet uncleared, though it would not apply to stocks which have already been released in the market,” the Court ordered.
The court concluded that Parle has prima facie infringed the registered trademarks of the plaintiff and sought to pass off its FAB!O brand of cookies as OREO. The court passed an interim order injuncting Parle from using the mark FABIO or FAB!O till the disposal of the suit.
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