Case Law Analysis
|Bombay High Court
Copyright Protection for Trade Dress Survives Trademark Refusal | Slavish Reproduction of Artistic Label Constitutes Infringement : Bombay HC
The Bombay High Court ruled that even when a trademark application is refused, the slavish copying of an original artistic label design triggers copyright infringement and passing off claims. This affirms that visual trade dress with creative expression is independently protected under copyright law, empowering brand owners to combat imitation regardless of trademark status.