In a significant interim ruling, the Bombay High Court has prohibited Zee Hygiene Products Pvt Ltd, the company behind the “CocoPlus” coconut oil brand, from continuing to use packaging that closely resembles Marico Limited’s well-known “Parachute” product. This development strengthens the enforcement of trade dress rights in India’s FMCG sector.
Presiding over the matter, Justice RI Chagla concluded that the packaging used by CocoPlus bears an unmistakable similarity to that of Parachute, and is likely to cause confusion among ordinary consumers.
Key Observations by the Court
The court pointed out that CocoPlus’s bottle design features several elements that appear to have been directly inspired by Parachute’s iconic presentation. These include:
The blue bottle design
The flag-like coconut tree logo
Imagery of split coconuts with dripping oil
The distinctive color scheme involving blue, green, and white
Justice Chagla remarked that these visual aspects, when combined, create a trade dress that is not only identifiable but also associated closely with Marico’s Parachute brand. The Court held that CocoPlus’s use of similar aesthetics amounted to prima facie imitation and could mislead customers into assuming a connection between the two products.
Defence of Generic Design Rejected
In its response, Zee Hygiene argued that the visual elements it used were common across coconut oil brands and therefore not exclusive to Marico. However, the Court rejected this argument, stating that even commonly used motifs become protectable if they have gained distinctiveness and consumer association over time.
The judge emphasized that the intent to deceive is not required; it is sufficient that a consumer may be misled based on visual resemblance alone.
Temporary Relief with Appeal Option
While the Court passed an order restraining the sale and promotion of CocoPlus in its current packaging, it also granted the company a four-week stay on the injunction. This window allows Zee Hygiene the opportunity to challenge the ruling through an appeal, should they choose to pursue it.
Legal Impact on Trade Dress Enforcement
This judgment is expected to have broader implications for trade dress protection in India. It underlines that brand identity includes more than just logos or names—it also extends to shape, color, imagery, and layout.
The case serves as a reminder to businesses that even partial imitation of a popular product’s look and feel could lead to legal consequences. It also highlights the readiness of Indian courts to safeguard brand equity against potential dilution in the marketplace.