New Delhi: A battery manufacturer selling
under the brand name of Eurocell has moved the Supreme Court
against Everready Industries in an issue related to
infringement of Intellectual Property Rights.
Euro-Solo Energy Systems (ESES) has sought stay on the
the Calcutta High Court`s judgement that restrained it from
selling its batteries under the colour combination (red and
silver or blue and silver) and trade dress which were
deceptively similar to that of Eveready brand of batteries.
A Bench headed by Justice Dalveer Bhandari asked ESES to
file an affidavit giving proposal as to what it intended to do
if it was allowed to clear off its goods from the market.
Besides, it asked ESES to get its proposal approved from
Eveready Industries and adjourned the matter.
The court observed that the parties in an IPR matter do
not allow the high court to finally decide the case as appeals
are being filed against interim orders.
ESES senior counsel Rakesh Dwivedi replied to the Bench`s
observations by saying that by such injunction orders the
"business comes to a standstill."
While seeking a limited interim relief, Dwivedi said that
the high court order should remain in abeyance for two months
so as to allow ESES to sell its goods worth Rs 4 crore lying
in the market. However, he said that the company will
undertake not to manufacture goods in the present "trade
dress" till the case is finally decided.
ESES said that injunction cannot be granted on the ground
that the products had similar colours.