Bombay High Court
Hindustan Unilever Limited vs Jmd Oil Private Limited on 24 November, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 902 comipl 1440 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
IP SUIT (L) NO.1440 OF 2018
WITH
NOTICE OF MOTION (L) NO.2543 OF 2018
Hindustan Unilever Ltd. ... Plaintif
versus
JMD Oil Pvt. Ltd. ... Defendant
Mr. Vinod Bhagat with Mr. Parveen Anand, Ms. Saloni Palkhiwala I/by M/s.
G.S.Hegde and V.A.Bhagat, for Plaintif.
Mr. Ashok Singh with Mr. Umang Srivastava, Ms. Mahi Lalka, Mr. Pravin Singh, for
Defendant.
Mr. Naresh Dhingra, Director of Defendant present.
CORAM: S.J. KATHAWALLA, J.
DATE: 24th NOVEMBER, 2018 P.C.:
1. Heard the learned Advocates for the parties and by consent, the following order is passed :
(i) The Suit is decreed in terms of prayer clauses (a) to (e), which are reproduced hereunder :
"(a) the Defendant by themselves, their Directors, servants, agents, stockists, distributors, dealers, assignees and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, trading, distributing, packaging, selling and/or using in any manner whatsoever in relation to their detergent preparations 1/4 ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 00:36:00 ::: ssp 902 comipl 1440 of 2018.doc and/or any other like goods used in the detergent industry, the impugned pirated artwork of DHONI (appended at Exhibit N-1 hereinabove) bearing a colour scheme, get-up, layout, placement of features, representation, style and artwork or any other artwork which is identical with and/or is substantially/strikingly similar to the Plaintif's original artistic work of SURF EXCEL (appended at Exhibit C herein) so as to infringe upon the Plaintif's subsisting copyright in its SURF EXCEL label;
(b) the Defendant by themselves, their directors, servants, agents, stockists, distributors, dealers, assignees and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, distributing, packaging, selling and/or using in any manner whatsoever in relation to their detergent preparations and/or any other like goods used in the detergent industry, the impugned SPLAT Logo mark or any mark identical with and/or deceptively similar to the Plaintif's said trade mark Device of SPLAT so as to infringe upon the Plaintif's said trade mark Device of SPLAT registered under Nos.1486107, 1486109 and 1780462 all in Class 03;
(c) The Defendant by themselves, their directors, servants, agents, stockists, distributors, dealers, assignees and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, distributing, packaging, selling and/or using in any manner whatsoever in relation to their shampoo preparations and any other like goods used in the personal care 2/4 ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 00:36:01 ::: ssp 902 comipl 1440 of 2018.doc industry, the impugned pirated artwork of GOOD CARE (appended at Exhibit N-2 hereinabove) bearing a colour scheme, get-up, layout, placement of features, representation, style, trade dress and artwork or any other artwork which is identical with and/or is substantially/strikingly similar to the Plaintif's original artistic work of CLINIC PLUS ( appended at Exhibit J herein) so as to infringe upon the Plaintif's subsisting copyright in its CLINIC PLUS label;
(d) the Defendant by themselves, their directors, servants, agents, stockists, distributors, dealers, assignees and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, trading, distributing, packaging, selling and/or using in any manner whatsoever in relation to their detergent and shampoo preparations and/or any other like goods used in the detergent and personal care industry respectively, the impugned pirated trade dress of DHONI along with the SPLAT Logo mark and the impugned pirated trade dress of GOOD CARE or any trade dress or mark which is identical with and/or is deceptively similar to the Plaintif's trade dress of SURF EXCEL bearing the Device of SPLAT mark and the Plaintif's trade dress of CLINIC PLUS in relation to identical and/or same description of goods, so as to pass of their goods and business as and for those of the Plaintif or in some way connected or associated therewith;
(e) the Defendant by themselves, their directors, servants, agents, stockists, distributors, dealers, assignees and all those connected with the Defendant in their business be ordered to deliver up to the Plaintif for destruction of all the goods viz. their detergent 3/4 ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 00:36:01 ::: ssp 902 comipl 1440 of 2018.doc preparations, shampoo preparations and/or any other like goods used in the detergent and personal care industry, including labels, pouches, sachets, wrappers, dyes, blocks, moulds, stencils, rollers, cylinders, machinery, packing material and all such things bearing the impugned pirated artworks and trade dress and/or the impugned SPLAT Logo mark as complained of;
(ii) The Director of the Defendant who is present in Court, undertakes to pay cost of Rs.5,00,000/- to the Plaintif on or before 20th December, 2018.
(iii) The Court Receiver stands discharged without passing any accounts, but upon payment of his costs, charges and expenses by the Plaintif.
(iv) The Defendant shall destroy the wrappers in the presence of the representative/s of the Plaintifs and the detergent/powder/shampoo in the wrappers shall be returned back to the Defendant.
(vi) The Suit is accordingly disposed of. Refund of Court Fees, if any, as per rules. Notice of Motion (L) No.2543 of 2018 also stands disposed of.
(vii) Though the Suit is disposed of, place the Suit to report compliance of clause (ii) above, on 20th December, 2018.
( S.J.KATHAWALLA, J. ) 4/4 ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 00:36:01 :::