Consumer goods require a brand name association to be recognized and remembered by the people. Trademarks help the brands in making an impression in the minds of the consumers. It is because of the popularity of certain brands that other producers/manufacturers tend to copy the trade-dress or get up which is included within the ambit of trademark, in order to gain on their goodwill or reputation. Indian Law recognizes these acts of unfair copying as statutory tort, i.e, infringement in case of registered trademarks or common law tort, i.e., passing off in case of unregistered trademarks. In this article the determining factors of deceptive similarity which is sine qua non for such infringement or passing off are analysed. The analysis and conclusion are drawn in the light of the very recent judgment of the Delhi High Court in the matter of two most popular companies dealing in production and sale of various Fast Moving Consumer Goods.

Keywords: Fast Moving Consumer Goods, Infringement, Passing off, Deceptive Similarity.

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