Colgate Palmolive and Anchor Health and Beauty Care found themselves in a courtroom battle over toothpaste packaging designs. Anchor had been selling its product under the name Anchor White Allround Protection since 2005 and in 2007 filed a suit claiming that Colgate’s new Strong Teeth carton copied similar words and looks, unfairly interfering with Anchor’s business.
While the case was still going on, Anchor received official registration for its Allround trademark in 2008. Four years after starting the case and more than three years after the registration, Anchor asked the court in 2011 to update its papers and add a fresh claim of trademark infringement based on that registration. The single judge allowed the change, but Colgate appealed to the higher bench.
The Delhi High Court examined the matter and found that the proposed update would completely alter the basic nature of the original lawsuit from a claim about general unfair business practices to a full statutory infringement case, which could unfairly harm Colgate’s defence.
The judges noted that Anchor had waited far too long to seek this change even though the registration had come early in the case, and allowing it now risked problems with time limits for such claims. The court therefore set aside the single judge’s order, rejected the amendment application, and directed Anchor to pay costs to Colgate.
Colgate Palmolive Company Vs Anchor Health and Beauty Care Pvt. Ltd., (2016) 65 PTC 69 (DB)
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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