Calcutta High Court
Hindustan Unilever Limited vs Shrinavin India Fmcg Brands Private ... on 19 March, 2019
Author: Arijit Banerjee
Bench: Arijit Banerjee
ORDER SHEET
GA No.784 of 2019
With
CS No.61 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HINDUSTAN UNILEVER LIMITED
Versus
SHRINAVIN INDIA FMCG BRANDS PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 19th March, 2019.
Appearance:
Mr. Ratnanko Banerji, Sr. Adv.
Mr. Arunabha Deb, Adv.
The Court : The plaintiff is the registered proprietor of the trademark "WHEEL" and is also owner of copyright in the artistic work that appears on the packet in which "WHEEL" and "ACTIVE WHEEL" detergents are sold by the plaintiff. The artistic work consists of a combination of colours, getup, style and colour scheme which are distinctive of the products of the plaintiff.
The petitioner states that the packet in which the detergent powder "ACTIVE WHEEL" is sold and distributed throughout India has a distinctive style, getup and colour scheme and has a huge market in India. The artistic work has become distinctive of the plaintiff's product.
The immediate grievance of the plaintiff is that the defendant is selling its product in a packet which has the same or very similar colour scheme and getup. I have compared the two packets. I am, prima facie, satisfied that there is substantial 2 similarity between the colour scheme, style and getup and the artistic work on the plaintiff's packet and those on the defendant's packet. The similarity is deceptive and is likely to confuse the consumers as regards the source of the product. A consumer may well end up buying the defendant's product thinking he is buying the product of the plaintiff.
The plaintiff is the owner of the copyright subsisting in the distinctive colour scheme and artistic work on the packet in which it sells its detergent powder. No other party can be permitted to imitate such getup or artistic work. I am, prima facie, satisfied that the defendant is infringing the copyright of the plaintiff.
Accordingly, there shall be an order in terms of prayers (a) and (b) of the Notice of Motion.
This order will, however, not prevent the defendant from using the word 'ACTIVE' on its packaging so long as the get up is not similar to that of the plaintiff.
Mr. Debabrata Chatterjee, Advocate, Bar Association, Room No.17 (Phone:
9831349211) is appointed as Special Officer who will visit the defendant's place of business at 10 Park Road, Near Sahara Press Gorakhpur, Uttar Pradesh, Pin Code 273001 and also the defendant's factory/godown at G-3, Sector 15, Gida, Gorakhpur, Uttar Pradesh, Pin Code 273209 and inventorize the infringing goods, if required, with the assistance of the local police and will file a report on the returnable date. The Special Officer shall be at liberty to break open padlock(s), if required, in presence of police authorities in the event the defendant or the godown owner is unable to provide the key(s) to the Special Officer. The Officer-in-Charge of the local police station, if approached by the Special Officer, shall extend all necessary help and assistance in implementing this order. The Special Officer shall be entitled to an initial remuneration 3 of 2500 Gms. All arrangements for the Special Officer's travel, accommodation etc. shall be made by the petitioner.
The Special Officer shall be accompanied by a competent representative of the plaintiff who shall serve a copy of the application and a copy of this order on the defendant.
Affidavit of service shall be filed in Court on the next date. This interim order shall be valid for a period of twelve weeks from date or until further orders whichever is earlier.
The defendant shall be at liberty to apply for vacating and/or variation of this order upon notice to the petitioner.
Let this application be listed on 8th April, 2019.
(ARIJIT BANERJEE, J.) B.Pal