In a legal battle being fought over toothbrush designs, the Supreme Court has issued a notice to the Controller General of Patents, Designs and Trademarks on a petition filed by Anchor Health & Beauty Care Pvt Ltd. Anchor has petitioned the Supreme Court against the decision of Calcutta High Court dismissing its appeal against the controller’s order rejecting its application seeking cancellation of two Colgate toothbrush designs.
The Supreme Court will also consider a cross-appeal filed by Colgate-Palmolive Company, challenging the high court’s decision that Colgate’s design No. 180362 could not have been registered because of already published designs.
Background
The dispute started with Colgate-Palmolive registering three toothbrush designs with the Design Office and rivals Anchor Health & Beauty Care filing petitions seeking cancellation of these designs. Anchor claimed that Colgate’s designs could not be registered as its designs for a similar product were already registered under the Designs Act, 2000.
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Manisha Singh Nair is a partner at Lex Orbis IP, a New Delhi-based intellectual property practice.
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