Sovereign Chemicals And Cosmetics vs Unilever Plc. And Anr on 9 March, 2021

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Bombay High Court

Sovereign Chemicals And Cosmetics vs Unilever Plc. And Anr on 9 March, 2021

Bench: G.S. Patel

         42-IAL1322-2021 INCOMIPL1316-2021 WITH LPETNL1321-2021 AND IAL6266-
                                                                   2021.DOC




 Atul



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
                     IN ITS COMMERCIAL DIVISION
           INTERIM APPLICATION (L) NO. 1322 OF 2021
                                        IN
            COMMERCIAL IP SUIT (L) NO. 1316 OF 2021
                                     WITH
                LEAVE PETITION (L) NO. 1321 OF 2021
                                     AND
           INTERIM APPLICATION (L) NO. 6266 OF 2021


 Unilever PLC & Anr                                                 ...Plaintiff
       Versus
 Sovereign Chemicalf & Cofmeticf                                  ...Defendant


 Mr Hiren Kamod, with Niyati Davawala, i/b ALJ & Partners, for the
      Plaintiffs.
 Mr Subhradeep Banerjee, with Navin P Sachanandani, for the
      Defendant.
 Mr DN Kher, Court Receiver, is present.


                               CORAM:     G.S. PATEL, J
                               DATED:     9th March 2021
 PC:-




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                                  9th March 2021


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 1.

Mr Kamod for the Plaintiff tenderf a draft amendment. It if taken on record and marked 'K1' for identifcation with today'f date. Leave to amend in termf of the draft amendment.

2. Amendmentf are to be carried out forthwith in Court without need of reverifcation.

3. Mr Chetan Mehta, fole proprietor of the Defendant if prefent in Court. He ftatef that he haf been manufacturing the rival productf not only with the mark V-IMAAC but with a ferief of other markf af fhown in the depiction tendered by Mr Kamod, taken on record and marked 'K2' for identifcation with today'f date.

4. Prima facie, thif ufe by the Defendant if illicit and violatef the Plaintiff' ftatutory and common law rightf in the label mark, trade dreff and artwork. The Plaintiff have trade mark copyright protection af well af common law rightf and copyright in the artiftic work in the label of the container af well.

5. The Defendant claimf that he if under a licenfe of a regiftered proprietor of thif mark in Saudi Arabia. It if clear that it cannot get a licenfe to violate or infringe the Plaintiff' markf in India. To clarify, there if no reftraint on the Defendant ufing the word V-IMAAC, Debeft, or Shifa or Prime Care provided that the artwork, label and trade dreff and the container do not infringe the Plaintiff' intellectual property rightf.

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6. On inftructionf taken in Court, the Defendant fubmitf to a decree in termf of prayer claufef (a), (b), (c), (c)(i), (d), (d)(i), (i), (i-

1),(j) and (j)(i) of the Plaint.

7. In view thereof, Mr Kamod doef not preff the prayer in damagef.

8. In view of thif, the Leave Petition under Claufe XIV of the Letterf Patent if made abfolute.

9. The Suit, Interim Application (L) No. 1322 of 2021, and the Defendant'f Interim Application (L) No. 6266 of 2021 are all difpofed of accordingly.

10. Court feef are to be refunded in accordance with the Rulef. For the purpofef of Section 43 of the Maharafhtra Court Feef Act and the provifo to that Section, today'f date if the date of making a claim for repayment. The Prothonotary & Senior Mafter will iffue a certifcate for a refund of Court Feef computed according to the Rulef. He will act on production of an authenticated copy of thif order without requiring a feparate application.

11. Af far af the goodf that have been feized by the Court Receiver, the Defendant will be at liberty to remove the contentf and retain the contentf and the jarf themfelvef. The labelf and other packaging materialf and trade dreff are to be taken for deftruction.

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12. The Court Receiver ftandf difcharged without paffing accountf but on payment of hif coftf, chargef and expenfef to be paid by the Plaintiff within two weekf from today.

13. Thif order will be digitally figned by the Private Secretary of thif Court. All concerned will act on production of a digitally figned copy of thif order.

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