Delhi High Court - Orders
Reckitt And Colman (Overseas) Hygiene ... vs Ashok Kumar(S)/John Does & Ors on 9 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1079/2025 & I.A. 25046/2025 I.A. 25047/2025 I.A.
25048/2025 I.A. 25049/2025 I.A. 25050/2025 I.A. 25051/2025 I.A.
25052/2025 I.A. 25053/2025
RECKITT AND COLMAN (OVERSEAS) HYGIENE HOME
LIMITED & ORS. .....Plaintiffs
Through: Ms. Nancy Roy and Ms. Nida
Khanam, Advs.
versus
ASHOK KUMAR(S)/JOHN DOES & ORS. .....Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 09.10.2025 I.A. 25047/2025(seeking leave to file additional documents)
1. This is an application under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ('CPC') [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')], filed by the Plaintiffs seeking leave to file additional documents within thirty (30) days.
2. The Plaintiffs, if they wish to file additional documents, will file the same within thirty (30) days from today, and they shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').
3. For the reasons stated in the application, the same is allowed.
CS(COMM) 1079/2025 Page 1 of 25This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58
4. Accordingly, the application is disposed of.
I.A. 25048/2025(application under Section 12A (1) of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure Code, 1908)
5. This is an application under Section 12A (1) of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation.
6. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiffs.
7. Accordingly, the application stands disposed of.
I.A. 25051/20258. The present application has been filed by the Plaintiffs under section 151 of CPC, seeking listing of the suit without advance service upon the Defendants.
9. In view of the fact that the Plaintiffs have sought an ex parte ad- interim injunction along with the appointment of Local Commissioners, the exemption from effecting advance service upon the Defendants is granted.
10. Accordingly, the application stands disposed of. I.A. 25052/2025(Application seeking extension of time to file court fee)
11. This is an application under section 149 CPC read with section 151 CPC, filed by the Plaintiffs seeking extension of time to file the court fee.
12. The application is allowed subject to the court fees being deposited within two (2) days, failing which the plaint shall be rejected as per Order 1 (2024) 5 SCC 815 CS(COMM) 1079/2025 Page 2 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 VII Rule 11 (b) CPC.
CS(COMM) 1079/2025
13. Let the plaint be registered as a suit.
14. Issue summons.
15. Summons be issued to the Defendants through all modes. The summons shall state that the written statement(s) shall be filed by the Defendant within thirty (30) days from the date of the receipt of the summons. Along with the written statement(s), the Defendants shall also file affidavit(s) of admission/denial of the documents of the Plaintiffs, without which the written statement(s) shall not be taken on record.
16. The Plaintiffs are at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement(s). The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by the Defendants, failing which the replication(s) shall not be taken on record.
17. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
18. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
19. List before the learned Joint Registrar (J) for completion of service and pleadings on 28.11.2025.
20. List before the Court on 25.03.2026.
I.A. 25046/2025 (Under Order XXXIX Rule 1 and 2 CPC)
21. This application under Order XXXIX, Rules 1 and 2 of CPC has been filed by the Plaintiffs seeking ex parte ad interim injunction against the Defendants.
CS(COMM) 1079/2025 Page 3 of 25This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58
22. Ms. Nancy Roy, learned counsel for the Plaintiffs, sets up the Plaintiffs' case as under:
22.1. Plaintiffs are part of the Reckitt Benckiser Group Plc., an internationally renowned transnational hygiene and health company, whose business comprises of various consumer products, including, inter alia, pharmaceuticals, surface care products, toilet care products, and insecticides. 22.2. The Plaintiff Group operates in several countries around the world, including in India, with extensive information about the Plaintiffs' products and services available on their website www.reckitt.com. Plaintiffs' Brand 'HARPIC TOILET CLEANER and BATHROOM CLEANER' 22.3. Plaintiffs have registrations in respect of their HARPIC Toilet Cleaners and HARPIC Bathroom Cleaners, and HARPIC formative trademarks in India ['HARPIC trademarks'], and have been using the same in India since 1984.
The earliest registration of HARPIC Toilet Cleaner in India is dated 15.03.1979, bearing Registration No. 347055 in Class 32. 22.4. Plaintiffs' HARPIC Toilet Cleaner is also identifiable by its unique and distinctive trade dress and bottle shape . The Plaintiffs have secured registrations in respect of the shape of HARPIC Toilet Cleaner, the earliest of which is under class 3 bearing Registration No. 3491010, 2 Details of registration is mentioned at paragraph no. '13' and '14' of the plaint CS(COMM) 1079/2025 Page 4 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 registration date as 22.02.20173.
22.5. The Plaintiffs' HARPIC Toilet Cleaner is the market leader in the relevant category with a market share of 86.9% with the net revenue as Rs. 1398.6 crores, and promotional expenses were Rs. 155.8 crores in 2024. 22.6. The Plaintiffs launched a bathroom cleaner under the trade mark HARPIC in 2014 and secured registrations for its bottle shape under Registration Nos. 5673301 dated 08.11.2022 and 5154219 dated 29.09.2021 in Class 5.
Additionally, the latter of the two registrations contains a condition stating that the Plaintiffs have claimed the colour combination of red and white as a distinctive feature of the mark.
22.7. The Plaintiffs' net revenue for HARPIC Bathroom Cleaner was Rs. 315 crores, and promotional expenses were Rs. 51.8 crores in 2024. 22.8. Plaintiffs' HARPIC Bathroom Cleaner is also identifiable by its unique and distinctive trade dress and bottle shape . 22.9. The Plaintiffs have also established market presence through their website www.harpic.co.in and through various social media platforms such as Facebook, Instagram, YouTube, and X. 22.10. On account of their extensive and continuous use, the Plaintiffs' 3 Details of these registrations have been set out in paragraph '13' of the plaint.
CS(COMM) 1079/2025 Page 5 of 25This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 trademarks, 'HARPIC Toilet Cleaner/ /HARPIC Bathroom Cleaner/ ' ['HARPIC trademarks'] have acquired immense goodwill and reputation, to such an extent that they are distinctive of the Plaintiffs' products and command instant recall in the minds of the consumers. The consumers have come to distinctly associate the aforesaid bottle shape and overall trade dress with HARPIC, recognizing it as a unique identifier of the brand and its products in the market. Plaintiffs' Brand 'COLIN' 22.11. The Plaintiffs are the registered proprietors of the word mark COLIN in Class 3, bearing Registration No. 414910, dated 22.12.1983, and in Class 3, bearing Registration No. 2442863, dated 14.12.2012, and have been using the trademark COLIN in India since 1983 in respect of glass cleaning products.
22.12. The Plaintiffs' net revenue for COLIN was Rs. 244.4 crores, and CS(COMM) 1079/2025 Page 6 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 promotional expenses were Rs. 27 crores in 2024.
22.13. The Plaintiffs are the owners of the domain name https://www.healthyhome.co.in, where their product, COLIN, is extensively advertised, and are also active on various social media platforms. 22.14. Plaintiffs' brand COLIN is identified by its distinctive and unique trade dress and bottle shape . The Plaintiffs have no registration for COLIN's distinctive bottle shape.
However, by virtue of long and extensive use, the Plaintiffs' trademark 'COLIN/ ' ['COLIN trademarks'], has acquired significant public recognition and goodwill to the extent that the consumers associate the bottle shape/trade dress with the brand COLIN. Plaintiffs' Brand 'LIZOL' 22.15. The Plaintiffs have been using the trademark LIZOL in India since 1997 in relation to surface cleaning products and have adopted the CS(COMM) 1079/2025 Page 7 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 logo under which these products are marketed and sold. The Plaintiffs are the registered proprietors of multiple LIZOL trademarks in India, the earliest of which is the word mark LIZOL, registered in Class 3 under Registration No. 754107 on 30.01.19974. 22.16. In 2024, LIZOL generated a net revenue of Rs. 840.2 crores, with promotional expenses amounting to Rs. 112.7 crores. 22.17. As of 2024, LIZOL is the market leader in its category, with approximately 42.5% market share.
22.18. The Plaintiffs are the owners of the domain www.lizol.co.in, where products under the LIZOL mark are showcased, and they actively maintain a presence on various social media platforms to promote their products. 22.19. Plaintiffs' brand LIZOL is identified by its distinctive and unique trade dress and bottle shape . The Plaintiffs have no registration for COLIN's distinctive bottle shape.
However, by virtue of long and extensive use, the Plaintiffs' 4 Details of LIZOL formative marks and logos have been set out in paragraph '62' of the plaint.
CS(COMM) 1079/2025 Page 8 of 25This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 trademark 'LIZOL/ ' ['LIZOL trademarks'] has acquired significant public recognition and goodwill to the extent that the consumers associate the bottle shape/trade dress with the brand LIZOL. Plaintiffs' Brand 'DETTOL' 22.20. The Plaintiffs have been using the trademark DETTOL for various products, specifically antiseptic liquid, since 1933 with a distinctive green label. In 2011, they launched the DETTOL Original Liquid Handwash in a white bottle with a green cap and pump, followed by several other variants. 22.21. The Plaintiffs are the registered proprietors of multiple DETTOL trademarks in India, the earliest of which is the word mark DETTOL, registered in Class 5 under Registration No. 141707 dated 22.12.1949, and claiming use since 01.12.19345.
Additionally, the Plaintiffs have also obtained registrations of the device of its DETTOL hand wash bottle, the earliest of which is in class 3 bearing Registration No. 1980001 dated 15.06.2010 on a proposed-to-be- used basis. 6 22.22. As of 2024, DETTOL Liquid Handwash has generated a net revenue of Rs. 617.94 crores, with promotional expenses of Rs. 41.34 crores, and holds a market-leading position with approximately 43.8% market share.
5Details of DETTOL formative marks and logos have been set out in paragraph '80' of the plaint.
CS(COMM) 1079/2025 Page 9 of 25This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 22.23. The Plaintiffs promote DETTOL through various social media platforms, including Facebook and Instagram, as well as through their official website, www.dettol.co.in.
22.24. Plaintiffs' brand DETTOL Liquid Handwash is identified by its distinctive and unique trade dress and bottle shape . 22.25. By virtue of long and extensive use, the Plaintiffs' trademark 'DETTOL Hand Wash/ ' ['DETTOL trademarks'], has acquired significant public recognition and goodwill to the extent that the consumers associate the bottle shape/trade dress with the brand DETTOL. 22.26. The products under the registered HARPIC trademarks, LIZOL trademarks, DETTOL trademarks, and COLIN trademarks ['Plaintiffs' trademarks/trade dress'] are available for sale on several e-commerce websites and platforms such as Amazon, Flipkart, Jiomart, Bigbasket, etc, as well as its own e-commerce website https://healthyhome.com.in/.
6Details of the device registrations of the said bottle have been set out in paragraph '81' of the plaint.
CS(COMM) 1079/2025 Page 10 of 25This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Knowledge about the Defendants 22.27. Defendant No. 2 is a company incorporated in 2023, with Defendant No. 3 as its proprietor and Defendant No. 4 as its director, who is responsible for all advertising and promotional content of the Defendants. Defendant No. 5 is also a proprietor, operating under the name RSA Mart. 22.28. In August 2025, the Plaintiffs came across a YouTube video uploaded on the channel of Defendant No. 2 available at https://www.youtube.com/watch?v=DCgipJLcz31 titled 'Toilet Cleaner Bottle Supplier| Hitran Industries' on 15.12.2021. Upon viewing the said video, the Plaintiffs learnt that Defendant No.2, by way of the said video, is offering HARPIC bottles, stickers, cartons, and chemicals to be filled in bottles for sale to the public at large.
The comments on the said video clearly show that traders and consumers have made inquiries regarding HARPIC-branded products. 22.29. On further investigations, the Plaintiffs found several other similar videos on the same YouTube channel ['impugned videos'] of Defendant No.2, where the Defendant is using the Plaintiffs' trademarks/trade-dress in the title and description of videos as hashtags, etc. Products which are deceptively similar to the Plaintiffs' trademark/trade dress ['impugned product'] are being advertised by the Defendants through these impugned videos7.
22.30. Further investigations revealed that the Defendants are offering the impugned products for sale through their website www.hitranindia.com as well as through their Indiamart page. Defendant No.2 is also advertising and offering several products, including the impugned products, through his CS(COMM) 1079/2025 Page 11 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Facebook page.
22.31. The Defendants also organise training seminars where they charge a fee for offering training to people on how to manufacture various products by naming the Plaintiff's products and business strategies, during which the impugned products, along with third-party products, are displayed for advertising.
22.32. It is averred that the Plaintiffs also carried out a physical investigation by visiting the Defendants' factory and obtained samples of the impugned products directly from the Defendants. During the investigation, the factory owner, Mr. Atul Garg, who is the son of Defendant No.4, revealed that the Defendants source the empty bottles and stickers from undisclosed third-party vendors.
23. Ms. Nancy Roy, counsel for the Plaintiffs, states that the Defendants are inter alia manufacturing, advertising and selling toilet cleaners, bathroom cleaners, glass cleaners, floor cleaners and hand wash, unbranded as well as branded, under the marks HITRAN/AM BUS/AM CARE bearing virtually identical bottle shapes and/or confusingly and deceptively similar trade dress as compared to the trade dress/bottle shapes adopted by the Plaintiffs for their aforesaid products.
23.1. She states that the Plaintiffs believe that the Defendants are selling empty bottles that bear a close resemblance to Plaintiffs' products without any labels. By doing so, the Defendants are infringing the Plaintiffs' trade dress as well as the design of their bottles.
23.2. She states that the bottle shape and trade dress of the Plaintiffs' products, Harpic Toilet Cleaner, Harpic Bathroom Cleaner, and Dettol, are 7 List of all such impugned videos has been tabulated in paragraph '109' of the plaint.
CS(COMM) 1079/2025 Page 12 of 25This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 protected by registration. She states that the trademark registrations for these goods also extend to the shape of the bottles.
Although the bottle shape and trade dress of the Plaintiffs' products, Colin and Lizol, are not registered, their long, continuous, and extensive use, coupled with the Plaintiffs' established goodwill, entitle these features to protection as well. She states that in the present case, the shape of the goods of these products has trademark significance, as the distinctive shape of the Plaintiffs' LIZOL and COLIN products has become a source identifier and is liable to be protected. In support of this submission, she places reliance on the judgment of the Coordinate Bench in 'Apollo Tyres Ltd. v. Pioneer Trading Corporation & Anr'8 and the Division Bench in Mohan Lal v. Sona Paint & Hardware and Ors.'9.
23.3. She states that the shape of the bottle and cap, the features and indentations on the bottle, the curved patterns in the design, the distinctive style of the trademarks, the colour schemes of the packaging and labels, along with all associated features and devices, adopted by the Plaintiffs in all their products are distinctly associated with the Plaintiffs' and thus the Defendants are attempting to ride upon the Plaintiffs' goodwill and reputation.
23.4. She states that Defendant Nos. 2-5 are acting in connivance with each other in the illegal activities.
23.5. She further submits that, considering the manner and premises in which the infringing products are being manufactured, these products pose a serious threat to unwary consumers who are likely to purchase such 8 2017 SCC OnLine Del 9825 [paragraph nos. 78-81] 9 2013 SCC OnLine Del 1980 [paragraph nos. 21, 21.1 and 21.2] CS(COMM) 1079/2025 Page 13 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 infringing products under the misconception that the same originate from the Plaintiffs. Therefore, if the Defendants' infringing products are permitted to remain in circulation, it would not only cause irreparable harm to the Plaintiffs' goodwill but also result in immense financial and reputational damage, in addition to posing a grave risk to consumer safety. Court's Findings
24. The Court has heard the learned counsel for the Plaintiffs and has perused the record. Comparison charts of the aforementioned infringing products with the Plaintiffs' products are as under:
Plaintiffs' HARPIC Toilet Cleaner Defendants' Toilet Cleaner product CS(COMM) 1079/2025 Page 14 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Plaintiffs' HARPIC Bathroom Defendants' Bathroom Cleaner Cleaner product CS(COMM) 1079/2025 Page 15 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Plaintiffs' COLIN Glass Cleaner Defendants' Glass Cleaner product CS(COMM) 1079/2025 Page 16 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Plaintiffs' LIZOL-branded Floor Defendants' Floor Cleaner product Cleaner CS(COMM) 1079/2025 Page 17 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Plaintiffs' DETTOL-branded Hand Defendants' Hand Wash product Wash CS(COMM) 1079/2025 Page 18 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58
25. A bare perusal of the plaint and comparison of the Plaintiffs' products with the Defendants' impugned products, it is prima facie evident that the impugned products have slavishly copied the shape of the bottles and trade dress of the Plaintiffs' Harpic Toilet Cleaner, Harpic Bathroom Cleaner, Colin, Lizol, and Dettol.
26. The Plaintiffs have sufficiently established their rights over their HARPIC, COLIN, LIZOL, and DETTOL trademarks as well as the statutory protection granted to the device of the Plaintiffs' bottle/trade dress for HARPIC and DETTOL and the common law rights for the bottle/trade dress for LIZOL and COLIN by virtue of their continued use and goodwill generated during the course of their business.
27. The materials/videos placed on record also show that the Defendants are exploiting the goodwill of Plaintiffs' registered trademarks and customers identification of the shape of these products with Plaintiffs's to market and sell their allegedly infringing products on online websites.
28. To an unwary consumer of average intelligence and imperfect recollection, the shape and trade dress of the Defendants' impugned products is likely to appear identical to that of the Plaintiffs' products. Such a CS(COMM) 1079/2025 Page 19 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 similarity is likely to mislead consumers regarding the source or origin of the said products.
29. In overall conspectus, the Plaintiffs have made out a prima facie case for the grant of an injunction against the Defendants. This Court is satisfied that if an ex parte ad interim injunction is not granted at this stage, irreparable harm/injury would be caused to the Plaintiffs. Balance of convenience also lies in favour of the Plaintiffs, and against the Defendants.
30. Accordingly, until the next date of hearing, the Defendants, their proprietors, partners, directors, officers, servants, agents, distributors, dealers, retailers, representatives, and anyone acting for or on their behalf, are directed as follows:
i. They are restrained from using, selling, soliciting, exporting, displaying, advertising, or by any other mode/manner dealing in or using the impugned trade dress/bottle shapes and/or any other trademark which is identical/deceptively similar to the Plaintiffs' products under the trademark/trade dress HARPIC/COLIN/DETOL/LIZOL in any manner.
ii. They shall remove all videos from their social media handles featuring the impugned products and/or impugned bottle shapes/trade dress, as well as any other products bearing any marks/trade dress/bottle shapes which are identically/virtually identical and/or deceptively and confusingly similar to those of the Plaintiffs' products under the trademark/trade dress HARPIC/COLIN/DETOL/LIZOL as detailed in the plaint or any other video that the Defendants have uploaded online.
31. Issue notice to the Defendants, through all permissible modes, upon CS(COMM) 1079/2025 Page 20 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 filing of process fees, returnable on the next date of hearing.
32. Compliance with Order XXXIX Rule 3 of CPC be done within a period of two (2) weeks from today.
33. List before the learned Joint Registrar (J) for completion of service and pleadings on 28.11.2025.
34. List before the Court on 25.03.2026.
I.A. 25053/2025(for appointment of Local Commissioners)
35. The present application has been filed by the Plaintiffs under Order XXVI Rule 9, 10, 16 (b) & (c) read with Section 151 CPC seeking appointment of Local Commissioners.
36. Ms. Nancy Roy, learned counsel for the Plaintiffs, states that two (2) Local Commissioners may be appointed to visit the properties of the Defendants as mentioned below.
37. In order to ensure that the injunction is fully complied with and to preserve the evidence of infringement, this Court deems it appropriate to appoint one (2) Local Commissioner, the appointment is confined thereto.
S.NO ADDRESSES PARTICULARS
1. Address No. 1: Ms. Bhavya Sharma, Advocate
113/103, O Block, Kidwai Nagar E. No. D/8596/2022
Yashoda Nagar, Kanpur, Uttar M. No. 7011849276
Pradesh 208011
2. Address No. 2 Mr. Aman Kumar Yadav, Advocate
87, O Block, Kidwai Nagar E. No. D/7591/2022
Kanpur, Uttar Pradesh 208011 M. No. 7772066255
38. The Local Commission shall be executed within two (2) weeks. The report of the Local Commissioner shall be filed within two (2) weeks thereafter.
39. The mandate of the Local Commissioner is as under: -
i. The Local Commissioner(s) shall visit the said premises of the CS(COMM) 1079/2025 Page 21 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Defendants as mentioned above, to inspect and seize the impugned products of the Defendants bearing the impugned trade dress/bottle shapes.
ii. The Local Commissioner(s) are permitted to seize the impugned products bearing the impugned trade dress/bottle shapes at the above premises, and if knowledge is acquired of any other premises where the products could be stored, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well. iii. The Local Commissioner(s) shall also inspect and seize any products/materials including pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, dyes or blocks, unfinished, packed, unpacked impugned products bearing the impugned trade dress/bottle shapes or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the infringing products bearing the impugned trade dress/bottle shapes can take place.
iv. The Local Commissioner(s) shall also obtain the details as to when impugned products bearing the impugned trade dress/bottle shapes are being used by the Defendants and obtain copies of the accounts, if the same are found to be sold in the market.
v. The Local Commissioner(s) shall obtain accounts, including ledgers, stock registers, invoice books, receipt books, cash CS(COMM) 1079/2025 Page 22 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 books, purchase and sale records, and any other books of record or commercial transactions kept at the premises of the Defendant and take a photocopy and/or record of all such transactions that pertain to impugned products, if any. The Defendant shall cooperate and give passwords to the computers and the files containing the accounts, if the same are stored on the computer or specific software.
vi. After preparation of the inventory, the impugned products bearing the trade dress/bottle shapes, in fully manufactured or unfinished condition, including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, brochures, banners, cartons and other material bearing the impugned trade dress/bottle shapes, which are similar to the Plaintiff's trademarks, shall be released to the Defendant on Superdari. The monetary value of the stock shall also be ascertained.
vii. The Local Commissioner(s) are also permitted to break open the locks, with the help of the local police, if access to the premises where the impugned products have been stocked/manufactured is denied to the Commissioners. viii. Upon being requested, the concerned, the Station House Officer ['SHO'] and the concerned DCP of the concerned jurisdiction, having jurisdiction over the aforesaid locations, shall render necessary cooperation for execution of the commission, as per this order.
ix. The Local Commissioner(s) are permitted to take photographs CS(COMM) 1079/2025 Page 23 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 and videography of the proceedings of the commission, if it is deemed appropriate. Two (2) representatives of the Plaintiffs, which may include a lawyer, are permitted to accompany the Local Commissioner(s).
x. The Local Commissioner(s), while executing the commission, shall ensure that there is no disruption to the business of the Defendants, except for the purposes of the execution of the commission. The commission shall be executed in a peaceful manner.
40. The order passed today shall be communicated by the Local Commissioner(s) to the Defendants.
41. The fee of each of the Local Commissioner(s) is fixed at Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) excluding out-of- pocket expenses, travel expenses, and accommodation expenses, etc., which are to be borne by the Plaintiffs.
42. The Local Commission(s) shall be executed within two (2) weeks. The report of the Local Commissioner(s) shall be filed within two (2) weeks thereafter.
43. The order passed today shall not be uploaded for a period of two (2) weeks to enable the execution of the commission.
44. Either the learned counsel for the Plaintiffs or the learned Local Commissioner is directed to collect a certified coloured copy of this order from the Registry (Dispatch Batch) before for execution of the commission.
45. The learned Local Commissioners shall carry the certified coloured copy of this Order for execution of the commission, and a coloured copy of the same shall be served upon the Defendants by the learned Local CS(COMM) 1079/2025 Page 24 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58 Commissioners at the time of execution of the commission.
46. In terms of the foregoing, the present application stands disposed of.
47. Coloured copy of this Order to be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J OCTOBER 9, 2025/hp/aa CS(COMM) 1079/2025 Page 25 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:56:58