Videocon Industries will have to take the washing machine brand ‘Pebble’ off the shelves as the Bombay High Court has ruled that the product is a clear imitation of Whirlpool’s ‘Ace’ washing machine and has restrained Videocon from its marketing.
The court found that Pebble was similar to Ace, a design registered by Whirlpool in 2009. While Whirlpool India had launched Ace in 2010, Videocon got its Pebble brand of semi-automatic washing machine into the market in 2012, with a substantially similar design of semi-circular wash area and square spin area at a comparatively lower price.
The court further held that there was a real and cogent likelihood of consumers getting deceived by similarity in designs. The court concluded that it was a case of infringement and ‘passing off’.
Passing-off in intellectual property rights (IPR) law means making a false representation that is likely to induce a person to believe that the goods or services are those of another brand.
In a statement, Whirlpool said its model in the semi-automatic washer category was the best since its launch. The design has proved to be a runaway success, so much so that in a short span of around one and a half years almost three lakh machines were sold, the company said.