Business

Delhi High Court Restrains Parle From Using FAB!O Mark After OREO Alleges Trademark Infringement

The Delhi High Court on Friday passed an interim order injuncting Parle from using the mark FABIO or FAB!O till the disposal of the suit.

The order was passed on a suit filed by Intercontinental Great Brands owner and proprietor of the OREO brand of biscuits alleging that Parle’s FABIO and FAB!O infringed its trademark.

The Court noted that there is no other biscuit with a similar sounding name with a concluding ‘eo’ sound and therefore when another identical product enters the market with the same concluding sound and similar packaging, there is the likelihood of a customer who had the ‘OREO’ biscuit earlier, presuming its connection with ‘FAB!O’.

After considering the arguments as well as the packaging and the biscuits contained therein, the Court said that the ’!‘ in ‘FAB!O’ is merely an ‘I‘ in disguise and that the two marks are phonetically similar.

Also read: Tata Motors Launches BS6 Phase 2-Compliant Passenger Vehicles With E20 Emission Norms

Justice Hari Shankar said that by adding an ‘O’ to its earlier ‘FAB!’ mark, the defendant has made the concluding ‘io’ intonation in its ‘FAB!O’ mark identical to the concluding ‘eo’ intonation in the plaintiff‘s ‘OREO’ mark.

He said that the manner in which the defendant has, in its advertisements, declared that its ‘FAB!O’ mark is required to be pronounced as ‘fab-ee-yo’ amounts to a candid acknowledgment that ‘FAB!O’ is required to be pronounced like ‘OREO’, which would be pronounced ‘or-ee-yo’.

However, Justice Hari Shankar rejected the argument that the design of the two cookies is also similar.

Spriha Rai

Recent Posts

Putin Lauds India’s Economic Growth; “Modi Strengthens Strategic Ties”

Putin lauds India’s rapid growth under PM Modi, strengthening bilateral ties and strategic global partnerships.

45 mins ago

Government Elevates Senior IPS Officers To Key Special Director Roles

ACC approves senior IPS officers’ promotions to Special Director General roles, strengthening leadership in India’s…

49 mins ago

PM Modi Holds Key Discussion With Vice President CP Radhakrishnan

PM Modi meets Vice President CP Radhakrishnan to discuss a wide range of issues, highlighting…

2 hours ago

BRICS Leaders Denounce Pahalgam Attack; Jaishankar Pushes For UN Reform And Multilateral Cooperation

BRICS leaders denounce Pahalgam attack, while Jaishankar calls for UN reform, multilateral cooperation and global…

3 hours ago

India Vs Pakistan Asia Cup 2025 Final Live: India Vs Pakistan – High Drama As Kuldeep Yadav Shines, India Chases 147

Follow live updates and key insights ahead of the Asia Cup 2025 final as India…

3 hours ago

Gujarat Governor Acharya Devvrat To Visit Adani Vidya Mandir

Gujarat Governor Acharya Devvrat to visit Adani Vidya Mandir in Ahmedabad on September 29, engaging…

4 hours ago