Madras High Court Dismisses Parachute Coconut Oil Maker's Copyright Plea Against Everest Label Over Design, Colour Scheme

The Madras High Court has recently dismissed a petition filed by Marico Limited, the manufacturer of Parachute Coconut Oil, seeking cancellation of the copyright registration granted to Kedia Industries for the label of Everest Coconut Oil.

A single bench of Justice N Senthilkumar passed the order on November 11, holding that the two labels were clearly distinguishable and that Marico had failed to prove infringement.

Marico, incorporated in 1988, argued that its Parachute label, featuring a flag device, a broken coconut image, and a blue and green colour scheme, had been used continuously since 1948 and was exclusively associated with its brand.

The company alleged that Prahalad Rai Kedia, proprietor of Kedia Industries, had imitated these elements in the Everest Coconut Oil label and obtained copyright registration by concealing material facts and misrepresenting originality. The petition was filed under Section 50 of the Copyright Act, 1957, seeking suspension and cancellation of Kedia's registration.

Although Kedia was not heard throughout the plea, he had earlier filed a response in 2016 denying the allegations. He stated that the company had been manufacturing coconut oil since 2002 and using the trademark Everest since 2006, along with a corresponding label introduced in 2007. He asserted that its label was created independently and in good faith.

The court observed that both labels were registered and that the blue colour commonly used in hair oil packaging could not be monopolised by any single manufacturer. After comparing the two labels, the court found clear variations in colour, wording, marks, and design elements, and concluded that Marico had not established any substantial similarity or infringement.