Mars, Incorporated and Anr. v. Rossari Consumer Products Private Limited and Anr.
Case brief
What is this about?
Trade dress / packaging / copyright infringement suit; ROYAL CANIN and WHISKAS v. ZIPPY and TOP TAIL; permanent injunction; consent/settlement decree in terms of plaint paragraph 75 (i), (ii), (v); revised dog food packaging Ex. A-1; sell-off of existing impugned stock permitted upto 06.06.2026; destruction of balance stock before Plaintiffs' representative/counsel; affidavit of undertaking within four weeks with manufacturing dates and batch numbers; cat food packaging discontinued July 2025; Delhi High Court; commercial suit CS(COMM); suit disposed of with pending applications.
What did the court decide?
Permanent injunction decreed in terms of paragraph 75 (i) and (ii) and 75 (v) of the plaint as modified by settlement; Defendants permitted to sell existing stock of impugned dog food packaging (Ex. A-1) upto 06.06.2026; balance stock of impugned packaging to be destroyed in the presence of Plaintiffs' representative/counsel; affidavit of undertaking with stock details to be filed within four weeks; Registry directed to draw up the decree sheet; suit disposed of along with pending applications.