Saffola and Sundrop in an oily dispute

By Manisha Singh Nair, Lex Orbis

In the recent case of Marico Limited v Agro Tech Foods Limited, the plaintiff, Marico Limited, claimed infringement of its registered trademarks Losorb and Lo-Sorb by the defendant, Agro Tech, which was using the mark Low Absorb on its edible oil products.

A single judge of the Delhi High Court denied the plaintiff’s application for an interim injunction for infringement of trademark, passing off and dilution. The judge also lifted an exparte interim injunction order granted earlier in favour of Saffola.

It was held that the use of the mark Low Absorb by the defendant, Agro Tech, did not result in any infringement of the plaintiff’s registered trademarks Losorb and Lo-Sorb and that there was no cause of action for granting a remedy for a passing off.

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Manisha Singh Nair is a partner at Lex Orbis, an intellectual property practice law firm headquartered in New Delhi

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