Trade Marks Act, 1999 Section 28

The plaintiffs selling their goods under the registered trademark of the plaintiffs "A-GLASS-AND-A-HALP1 for sale of chocolate and other allied goods. However trade dress/wrapper adopted by the defendants is similar/deceptively similar to that of the plaintiffs. Defendants adopted the same colour combination. All the persons are susceptible on seeing the trade dress adopted by the defendants, consider the product of the defendants as of the plaintiffs and thereby causing undue enrichment to the defendants . HELD plaintiffs are entitled to the relief of injunction as prayed.