Bombay High Court
Hindustan Unilever Limited vs Jmd Oil Private Limited on 1 November, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 2 968-NMCDL-2543-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO. 2543 OF 2018
IN
COMMERCIAL IP (L) NO. 1440 OF 2018
Hindustan Unilever Limited ... Plaintif
Versus
JMD Oil Private Limited ... Defendant
WITH
LEAVE PETITION NO. 333 OF 2018
Mr. Vinod Bhagat instructed by G.S. Hegde and V.A. Bhagat for the Plaintif.
None for the Defendant.
Mr. Malvankar, Section Officer, Court Receiver, present.
CORAM : S.J. KATHAWALLA, J.
DATED : 1st NOVEMBER, 2018 P.C.:
1. Leave under Clause XIV of the Letters Patent Act is granted. The above Leave Petition is accordingly disposed of.
2. Perused the report filed by the Court Receiver. The Defendants are not present by themselves and/or through their Advocates. In view thereof, in addition to prayer clauses (a), (b), (c) and (e) granted by the order dated 22 nd October, 2018, prayer clause
(d) of the Notice of Motion is granted. The same is reproduced hereunder :-
"(d) Pending the hearing and final disposal of the suit, the Defendant by ::: Uploaded on - 05/11/2018 ::: Downloaded on - 06/11/2018 00:08:02 ::: kpd 2 / 2 968-NMCDL-2543-2018.doc themselves, their directors, servants, agents, stockists, distributors, dealers, assignees and all those connected with the Defendant in their business be restrained by an 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 alongwith 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 Plaintiff's trade dress of SURF EXCEL bearing the Device of SPLAT mark and the Plaintiff's trade dress of CLINIC PLUS in relation to identical and/or same description of goods, so as to pass off their goods and business as and for those of the Plaintiff or in some way connected or associated therewith."
3. One more opportunity is given to the Defendant to appear before this Court on the adjourned date by themselves and/or through their Advocates. The Advocate for the Plaintif shall serve a copy of this order on the Defendant by hand-delivery.
4. Stand over to 22nd November, 2018.
( S.J.KATHAWALLA, J. ) ::: Uploaded on - 05/11/2018 ::: Downloaded on - 06/11/2018 00:08:02 :::