Merely because a trademark is displayed on the packaging material, notwithstanding a striking similarity in the packaging material, it cannot be claimed that there would be no likelihood of deception. Reasoning thus, the High Court of Delhi granted injunction against use of fabric sleeve on a rectangular cuboid adopted by the defendant for tea bags. On facts, the colour scheme was also very similar and the Court was of the opinion that the trade dress was not merely functional. It also observed that in issues concerning trade dress, display of a trademark is only one of the weighing factors. [Devagiri Farms Ltdv. Sanjay Kapur&Anr., FAO (OS) 247/2014, Delhi High Court judgement dated 1-2-2016]