Kolkata: The Calcutta High Court has upheld an interim order protecting Exide Industries’ distinctive red packaging for automotive batteries, ruling that a rival’s similar-looking product could confuse buyers.
A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi found that Exide had made a strong prima facie case of passing off and was entitled to protection at this stage.
The dispute involves Exide and Amara Raja Energy and Mobility Ltd, two of the country’s major battery makers. Exide claimed that its red trade dress — covering both the battery body and packaging — has, over time, become closely associated with its brand.
The court agreed, noting that Exide had been using the red colour scheme long before Amara Raja introduced a similar look. This prior use, the bench said, supported Exide’s claim that red had become a key identifier of its products.
The judges also pointed to market behaviour. They noted that Amara Raja had earlier promoted green as its signature colour and contrasted it with Exide’s red in its campaigns. Public responses showed that consumers linked red with Exide and green with Amara Raja, reinforcing Exide’s claim of distinctiveness.
On comparing the rival products, the court found that both the batteries and their packaging were predominantly red and visually similar. It said that when such products are placed side by side in shops, there is a real possibility of confusion among buyers. The bench rejected the argument that customers always rely only on brand names or technical specifications. It observed that some buyers make decisions at the point of sale, where the overall look of a product can influence choice.
The court further held that the additional features used by Amara Raja were not enough to clearly distinguish its product. Instead, the overall impression remained too close to Exide’s established trade dress.
Though the court noted that the original plea could have been drafted better, it said this did not affect Exide’s right to seek protection against passing off. Finding no error in the earlier order, the bench dismissed Amara Raja’s appeal and allowed the interim protection in favour of Exide to continue, pending trial.