Delhi High Court - Orders
Reckitt & Colman (Overseas) Hygiene ... vs Ashok Kumar(S)/ John Doe(S) & Ors on 22 August, 2024
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 708/2024 & I.A. Nos. 37139/2024, 37140/2024,
37141/2024, 37142/2024, 37143/2024, 37144/2024, 37145/2024 &
37146/2024
RECKITT & COLMAN (OVERSEAS) HYGIENE HOME LIMITED
& ORS. .....Plaintiffs
Through: Ms. Nancy Roy with Ms. Aastha
Kakkar and Ms. Nida Khanam,
Advocates.
(M): 8743904084
versus
ASHOK KUMAR(S)/ JOHN DOE(S) & ORS. .....Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 22.08.2024 I.A. 37146/2024 (Exemption from filing original and clear copies of documents)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), on behalf of the plaintiffs, seeking exemption from filing original/certified and clearer copies with proper margins of the documents.
2. Exemption is granted, subject to all just exceptions.
3. Applicant shall file legible, clear, and translated copies of the documents, on which the plaintiffs may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of.
CS(COMM) 708/2024 Page 1 of 37This 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 20/09/2024 at 20:36:09 I.A. 37143/2024 (Exemption from instituting Pre-Institution Mediation)
5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.
6. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.
7. Accordingly, the application stands disposed of. I.A. 37145/2024 (Exemption from advance service to the defendant)
8. The present is an application under Section 151 CPC, seeking exemption from advance service to the defendants.
9. The plaintiffs seek urgent interim relief, and have also sought appointment of a Local Commissioners. Therefore, in the peculiar facts and circumstances of this case, exemption from effecting advance service upon the defendants, is granted.
10. For the reasons stated in the application, the same is allowed and disposed of.
I.A. 37142/2024 (Application seeking leave to file additional documents)
11. This is an application under Order XI Rule 1(4) read with Section 151 CPC, as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.
12. The plaintiffs, if wishes to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015, CS(COMM) 708/2024 Page 2 of 37 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 20/09/2024 at 20:36:09 and the Delhi High Court (Original Side) Rules, 2018.
13. The application is disposed of, with the aforesaid directions. I.A. No. 37141/2024 (Application seeking permission to implead Ashok Kumar (s)/John Doe (s) as defendant no. 1)
14. The present application has been filed under Section 151 CPC seeking permission of this Court to implead Ashok Kumar(s)/John Doe(s), as defendant no. 1.
15. Considering the submissions made in the present application, the plaintiffs are allowed to implead Ashok Kumar(s)/John Doe(s), as defendant no. 1.
16. With the aforesaid directions, the present application is disposed of. I.A. No. 37144/2024 (Application seeking extension of time to file the Court Fees)
17. The present application has been filed under Sections 149 and 151 of the CPC, seeking extension of time to file the Court Fees.
18. Learned counsel appearing for the plaintiffs submits that the Court fees shall be deposited within a period of one week from today.
19. Liberty is granted.
20. With the aforesaid directions, the present application is disposed of. CS(COMM) 708/2024
21. Let the plaint be registered as suit.
22. Upon filing of the process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement be filed by the defendants within thirty days from the date of receipt of summons. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiffs' documents, without which, the written CS(COMM) 708/2024 Page 3 of 37 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 20/09/2024 at 20:36:10 statement shall not be taken on record.
23. Liberty is given to the plaintiffs to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiffs, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiffs, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
24. List before the Joint Registrar (Judicial) for marking of exhibits, on 18th October, 2024.
25. List before the Court on 18th December, 2024.
I.A. No. 37139/2024 (Application under Order XXXIX Rules 1 and 2 CPC)
26. The present suit has been filed for injunction and damages for infringement of trademarks, copyright, piracy of registered design, passing off, counterfeit and unfair competition under Sections 27, 29, 102, 103 & 104 of the Trade Marks Act, 1999, Section 51 of the Copyright Act, 1957 and Section 22 of the Designs Act, 2000, seeking inter alia permanent injunction, delivery up, rendition of accounts and damages.
27. Learned counsel appearing for the plaintiffs submits that the present suit concerns with illegal acts of the defendants through their unscrupulous acts of counterfeiting inter alia by way of manufacturing, displaying, distributing, marketing, selling, labeling, packaging, stocking, storing, dealing in, potentially importing/exporting empty bottles and stickers/labels of plaintiffs products', which are manufactured and sold under the marks 'HARPIC', 'LIZOL', 'COLIN' and 'DETTOL' handwash, bearing a trade CS(COMM) 708/2024 Page 4 of 37 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 20/09/2024 at 20:36:10 dress/bottle shape which is identical to the plaintiffs' products under the said marks. Thus, it is submitted that such acts of the defendants constitute inter alia, infringement of the plaintiffs' trademarks, infringement of plaintiffs' copyrights, piracy of registered design of plaintiffs, passing off and unfair competition.
28. It is submitted that plaintiff no. 2 is the owner and registered proprietor of several 'HARPIC' trade marks in India, which are as follows:-
CS(COMM) 708/2024 Page 5 of 37This 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 20/09/2024 at 20:36:10 CS(COMM) 708/2024 Page 6 of 37 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 20/09/2024 at 20:36:10 CS(COMM) 708/2024 Page 7 of 37 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 20/09/2024 at 20:36:10
29. It is further submitted that plaintiff no. 1 is the owner and registered proprietor of several 'HARPIC' formative trademarks in India, details of which are as follows:-
CS(COMM) 708/2024 Page 8 of 37This 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 20/09/2024 at 20:36:10 CS(COMM) 708/2024 Page 9 of 37 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 20/09/2024 at 20:36:10 CS(COMM) 708/2024 Page 10 of 37 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 20/09/2024 at 20:36:10
30. It is submitted that in connection with its well-known trade mark 'HARPIC', the plaintiffs' product is identified by the members of the trade and public by its distinctive and unique bottle shape. The consumers recognize the plaintiffs' product by the shape of the bottle in which its 'HARPIC' branded toilet cleaner is sold, photographs of the same are reproduced as under:-
31. It is further submitted that the plaintiffs' product under the mark 'HARPIC', i.e., bathroom cleaner, is also identified by the members of the CS(COMM) 708/2024 Page 11 of 37 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 20/09/2024 at 20:36:10 trade and public, inter-alia, by its distinctive and unique bottle shape and packaging/trade dress, photos of which, are reproduced as under:-
32. It is submitted that in order to protect its rights in the unique 'HARPIC' bathroom cleaner bottle shape, the plaintiff no. 1 has obtained registration of the device of the said bottle/trade dress in India, details of which is as follows:-
CS(COMM) 708/2024 Page 12 of 37This 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 20/09/2024 at 20:36:10
33. It is further submitted that plaintiff no. 3 is the owner and registered proprietor of several 'LIZOL' trademarks in India, details of which are as follows:-
CS(COMM) 708/2024 Page 13 of 37This 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 20/09/2024 at 20:36:10 CS(COMM) 708/2024 Page 14 of 37 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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 15 of 37 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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 16 of 37 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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 17 of 37 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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 18 of 37 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 20/09/2024 at 20:36:11
34. It is submitted that the plaintiffs' product, i.e., 'LIZOL' is identified by the members of trade and public by its distinctive and unique label/logo/bottle shape, photographs of which, are as follows:-
35. Learned counsel appearing for the plaintiffs submits that plaintiff no. 2 is the owner and registered proprietor of the trade mark 'COLIN' and 'COLIN' logo in India, details of which, are as follows:-
CS(COMM) 708/2024 Page 19 of 37This 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 20/09/2024 at 20:36:11
36. It is further submitted that the plaintiffs product, i.e., 'COLIN' is identified by the members of the trade and public by its distinctive and unique Label/logo/bottle shape, photographs of which, are as follows:-
37. It is further submitted that plaintiffs have developed unique bottle shape/packaging/label for their 'DETTOL' original handwash, photographs of which, are reproduced as under:-CS(COMM) 708/2024 Page 20 of 37
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 20/09/2024 at 20:36:11
38. It is submitted that the plaintiff no.2 is also the copyright owner of the artistic work in , which have distinctive colour combinations, stylized script, placement of letters and other materials.
39. It is further submitted that the plaintiff no. 2 has also obtained registration of the device of its 'DETTOL' hand wash bottle, which is as under:-CS(COMM) 708/2024 Page 21 of 37
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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 22 of 37 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 20/09/2024 at 20:36:11
40. It is submitted that plaintiff no. 4 is the proprietor of the Design registration of the 'DETTOL' bottle, details of the registrations, as given in the plaint, are as follows:-CS(COMM) 708/2024 Page 23 of 37
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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 24 of 37 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 20/09/2024 at 20:36:11
41. Learned counsel appearing for the plaintiffs submits that as per the recent findings and knowledge acquired by the plaintiffs based on field investigations and market surveys, the plaintiffs have learnt that the defendant no. 2 is engaged in inter alia manufacturing, packaging/labeling, wholesaling, retailing, marketing, supplying, distributing, potentially exporting/importing, using and/or dealing in counterfeit empty bottles of the plaintiffs products under the trademarks 'HARPIC', 'LIZOL', 'DETTOL' and the trade dress and bottle shapes associated with its 'HARPIC', 'LIZOL', 'COLIN' and 'DETTOL' branded products.
42. It is submitted that as per the information received by the plaintiffs, the defendant no. 2 is the proprietor of M/s. Krishna Enterprises and is involved in manufacturing and distribution of empty bottles of the plaintiffs' products under the marks 'HARPIC', 'LIZOL', 'COLIN' and 'DETTOL'.CS(COMM) 708/2024 Page 25 of 37
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 20/09/2024 at 20:36:11
43. It is further submitted that the plaintiffs have found that defendant no. 2 maintains huge stocks of standalone bottles infringing the trademarks of the plaintiffs. In fact, the plaintiffs, through independent investigators, have procured such infringing empty bottles of 'HARPIC' and 'LIZOL' from defendant no. 2, which have been confirmed to be counterfeit as per the test reports.
44. It is further submitted that additionally, as per the information received by the plaintiffs, Mr. Anupam Gupta, defendant no. 3 is a resident of Delhi and runs a digital printing and designing studio by the name of 'Digital Printing & Designing' from the address 'A-244, Bhagat Singh Road, Kewal Park, Azadpur, Delhi - 110033. As Per findings of the investigations, the plaintiffs learnt that defendant no. 3 is engaged in printing and distribution of counterfeit stickers of various brands including 'HARPIC' of the plaintiffs. The plaintiffs apprehend that the defendant nos. 2 and 3 are supplying the empty bottles and stickers of various brands of the plaintiffs to common re-fillers/counterfeiters, who are affixing the counterfeit labels of the plaintiffs' brands on empty bottles and selling counterfeit products in the market. Thus, there appears to be a common intent and connection in the business activities of the defendant nos. 2 and 3.
45. The comparison of the products of the plaintiffs with the defendants, as given in the plaint, is as follows:-
CS(COMM) 708/2024 Page 26 of 37This 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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 27 of 37 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 20/09/2024 at 20:36:11 CS(COMM) 708/2024 Page 28 of 37 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 20/09/2024 at 20:36:11
46. It is submitted that the plaintiffs have not authorised the defendants to either print the stickers of the plaintiffs' products, manufacture or sell their products. Thus, it is submitted that the action of the defendants amounts to infringement of the trademark, design, as well as copyright of the plaintiffs.
47. It is further submitted that the plaintiffs apprehend that more counterfeit bottles/ labels/ stickers/ products are being manufactured/ packaged and stored at various addresses of defendant nos. 2 and 3, which are currently unknown to the plaintiffs.
48. It is submitted that the counterfeit products are not manufactured CS(COMM) 708/2024 Page 29 of 37 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 20/09/2024 at 20:36:11 under the plaintiffs' supervision and quality control. As a result, these counterfeit products do not meet the high standards of efficacy and safety maintained by the plaintiffs. It is submitted that plaintiffs take extreme precaution and spend a large amount of time, money and research to ensure and maintain the high standards for the goods manufactured and marketed by them.
49. It is submitted that defendants are well aware of the goodwill, reputation and the high demand of the plaintiffs' products under the trademarks 'HARPIC', 'LIZOL', 'COLIN' and 'DETTOL', and their formative marks/labels/trade dress/bottle shape in the market. Thus, the defendants, with the sole intention to earn quick money and misappropriate the goodwill and reputation garnered by the plaintiffs, are manufacturing and/or selling defective and dangerous goods, sale of which will cause immense and irreparable injury and harm to the immense goodwill and reputation of the plaintiffs and its trademarks. It is submitted that from the manner of adoption and use, it is apparent that defendants have left no stone unturned to represent to the members of the trade and public that their goods are that of the plaintiffs, when, in fact such is not the case.
50. It is submitted that owing to long, continuous, uninterrupted and wide spread use and promotion by the plaintiffs of its trade marks 'HARPIC', 'LIZOL', 'COLIN' and 'DETTOL' and their formative marks/labels/trade dress/bottle shape, the relevant consumers identify the same solely and exclusively with the plaintiffs and none other. The said trademarks of the plaintiffs have attained a secondary significance in the minds of the relevant consumers. Therefore, any attempt by any other manufacturer and/or supply/distribute indulging in such infringing/counterfeiting activities, like CS(COMM) 708/2024 Page 30 of 37 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 20/09/2024 at 20:36:11 the defendants herein, is likely to lead to the tarnishing of the image of the plaintiffs, thereby causing irreparable harm and injury to the goodwill of the plaintiffs and its well-known trademarks.
51. Thus, it is submitted that the defendants adoption and unauthorized use and sale of the counterfeit bottles/labels/stickers/products under the plaintiffs trademarks 'HARPIC', 'LIZOL', 'DETTOL' and 'COLIN' and/or the trade dress and bottle shape associated with the plaintiffs' 'HARPIC', 'LIZOL', 'DETTOL' and 'COLIN' branded products constitute infringement and passing off of the trademark, copyright and design of the plaintiffs.
52. In the above circumstances, the plaintiffs have demonstrated a prima facie case for grant of injunction and in case no ex-parte ad-interim injunction is granted, the plaintiffs will suffer an irreparable loss. Further, the balance of convenience also lies in favour of the plaintiffs and against the defendants.
53. Accordingly, till the next date of hearing, the defendants, their directors, partners, employees, servants, agents, distributors, sellers, importers, exporters, franchises, representatives, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assignees and all acting on behalf of the defendants are restrained from manufacturing, authorizing the manufacture, selling, offering for sale, importing, exporting, retailing, distributing, marketing and/or using or dealing in the impugned products and/or any products bearing the plaintiffs trademarks 'HARPIC', 'LIZOL', 'COLIN', 'DETTOL' and their respective trade dress/ label/ packaging/ bottle shape or using and/or applying any other mark, device, logo, trade dress, name or any derivative/formative which is CS(COMM) 708/2024 Page 31 of 37 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 20/09/2024 at 20:36:11 identical and/or deceptively and confusingly similar to plaintiffs aforesaid trademarks/ trade dress either as a trade mark, trading name, domain name etc. or a part thereof or as a part of the packaging, artwork, get-up, layout, design or in any other manner whatsoever so as to infringe the registered trademark/copyright/design/passing off, the goods as that of the plaintiffs. Additionally, the defendants are restrained from using CS(COMM) 708/2024 Page 32 of 37 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 20/09/2024 at 20:36:11 , or any other mark/ label/device, which is identical/deceptively similar to the plaintiffs' copyrights, which would result in infringement of plaintiffs' copyright.
54. Issue notice to the defendants by all permissible modes, upon filing of process fees, returnable on the next date of hearing.
55. Reply be filed within a period of four weeks from the date of service.
56. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
57. Compliance of Order XXXIX Rule 3 CPC, be done, within a period of two weeks, from today.
58. List before the Court on 18th December, 2024.
I.A. 37140/2024 (Application for appointment of Local Commissioners)
59. The present application has been filed on behalf of the plaintiff under Order XXVI Rule 9 read with Order XXXIX Rule 7 read with Section 151 CPC, seeking appointment of a Local Commissioners.
60. It is submitted that in order to preserve evidence of infringement, it is necessary that Local Commissioners be appointed to visit the premises of CS(COMM) 708/2024 Page 33 of 37 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 20/09/2024 at 20:36:11 the defendants.
61. Additionally, it is submitted that a third Local Commissioner be appointed, so that in case, during course of conduct of commission by the other Local Commissioners, other premises are discovered, the third Local Commissioner can proceed for executing the local commission, forthwith.
62. Accordingly, the following directions are issued:
62.1 Based on the facts and averments made in the plaint, the following Local Commissioners are appointed to execute local commission, at the following premises:-
S.No. Name of the Local Premises of the defendants
Commissioner
1. Mr. Abhishek Taneja, Defendant No. 2:
Advocate Mr. Akhilesh Kumar Sharma
Trading as Krishna Enterprises
M: 9971522722
Shed No.3/7, DSIIDC
Complex,
Phase-I, Nand Nagri,
Delhi- 110093
2. Ms. Sarika Mehta, Advocate Defendant No. 3:
M:9654612475; 9891392080 Mr. Anupam Gupta
Trading as Digital Printing &
Designing
A-244, Bhagat Singh Road,
Kewal Park, Azadpur, Delhi -
110033
3. Mr. Srivats Kaushal, Ashok Kumar(s)/ John
Doe(s) Locations
Advocate
M: 9999318728
62.2 The learned Local Commissioners, along with a representative of the CS(COMM) 708/2024 Page 34 of 37 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 20/09/2024 at 20:36:11 plaintiffs and its counsel, shall be permitted to enter upon the premises of the defendants mentioned hereinabove, or any other location/premises, that may be identified, during the course of commission, in order to conduct the search, and seize the impugned counterfeit goods of the defendants. 62.3 The Local Commissioners shall conduct a search at the respective premises and seize the infringing goods and other material bearing the plaintiffs trademarks 'HARPIC', 'LIZOL', 'COLIN', 'DETTOL' and formative marks 'HARPIC', 'LIZOL', 'COLIN', 'DETTOL' labels/packaging/and/or trade dress and/or 'HARPIC', 'LIZOL', 'COLIN', 'DETTOL' bottle design/shape and/or any other marks, which are identical and/or deceptively and confusingly similar to the plaintiffs' said trademarks and the respective trade dress/packaging/labels/bottle shape/design. 62.4 After seizing the infringing material, the same shall be inventorized, sealed, and signed by the learned Local Commissioners, in the presence of the parties, and released on superdari to the defendants, on their undertaking to produce the same, as and when further directions are issued, in this regard.
62.5 The learned Local Commissioners shall also be permitted to make copies of the books of accounts, including ledgers, cash books, stock registers, invoices, books, etc., in so far as they pertain to the infringing products.
62.6 Further, the learned Local Commissioners shall be permitted to undertake/arrange for photography/videography of the execution of the commission.
62.7 Both the parties shall provide assistance to the learned Local Commissioners, for carrying out the aforesaid directions.
CS(COMM) 708/2024 Page 35 of 37This 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 20/09/2024 at 20:36:11 62.8 In case, any of the premises are found locked, the learned Local Commissioners shall be permitted to break open the lock(s). To ensure an unhindered and effective execution of this order, the Station House Officers ("SHO") of the respective local Police Stations, are directed to render all assistance and protection to the Local Commissioners, as and when, sought. 62.9 The fee of the learned Local Commissioners, to be borne out by the plaintiffs, is fixed at ₹ 2 ,00,000/-, each. The plaintiffs shall also bear all the expenses for travel of the Local Commissioner and other miscellaneous out- of-pocket expenses, for the execution of the commission. The fee of the Local Commissioners shall be paid in advance by the plaintiffs. 62.10 The Local Commission shall be executed within a period of two weeks from today. The Local Commissioners shall file the report within a period of four weeks from the date, on which the commission is executed. 62.11 Additionally, this Court also permits each of the above named Local Commissioners to visit, secure, seize, and seal the infringing products, on receiving any information or coming to know from the plaintiff, of any other premises of Ashok Kumar(s)/John Doe(s), with the infringing products of the similar nature, at any time, prior to the next date of hearing. 62.12 The Fees of the Local Commissioners for each additional day visit, is fixed at ₹50,000/ -, in addition to all the related expenses for travel, as also any other miscellaneous out-of-pocket expenses for execution of the commission. The additional visit expenses shall also be borne by the plaintiffs, and paid in advance to the Local Commissioners. 62.13 In such a situation, the Local Commissioners are permitted to act in the same manner, as enumerated hereinabove.
63. The order passed today, shall not be uploaded for a period of two CS(COMM) 708/2024 Page 36 of 37 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 20/09/2024 at 20:36:11 weeks.
64. In terms of the foregoing, the present application stands disposed of.
65. Dasti under signatures of the Court Master.
MINI PUSHKARNA, J AUGUST 22, 2024 c CS(COMM) 708/2024 Page 37 of 37 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 20/09/2024 at 20:36:11