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Bombay High Court

Unilever Plc And Anr vs Radhe Cosmetics on 11 March, 2021

Author: G. S. Patel

Bench: G.S. Patel

                                 25-IAL1271-2021 IN COMIPL1265-2021 WITH LPETNL1268-2021.DOC




                   Atul



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION
                                    IN ITS COMMERCIAL DIVISION
                             INTERIM APPLICATION (L) NO. 1271 OF 2021
                                                      IN
                             COMMERCIAL IP SUIT (L) NO. 1265 OF 2021
                                                    WITH
                                LEAVE PETITION (L) NO. 1268 OF 2021


                   Unilever PLC & Anr                                           ...Plaintiff
                         Versus
                   Radhe Cofmeticf                                            ...Defendant


                   Mr Hiren Kamod, with Niyati Davawala, i/b ALJ & Partners, for the
                        Plaintiffs.
                   Mr Satish Gangurde, Section Ofcer from the Ofce of Court
Atul G.                 Receiver, is present.
Kulkarni
Digitally signed
by Atul G.
Kulkarni                                  CORAM:         G.S. PATEL, J
Date: 2021.03.12
11:02:24 +0530
                                          DATED:         11th March 2021
                   PC:-


                   1.

The order of 20th January 2021 haf been executed. The Defendant if ferved.

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

11th March 2021 25-IAL1271-2021 IN COMIPL1265-2021 WITH LPETNL1268-2021.DOC

3. Previouf order if confrmed.

4. In addition, there will be an order in termf of prayer claufe

(c), which read thuf:

"(c) pending the hearing and fnal difpofal of the fuit, the Defendant by itfelf, itf proprietor/partnerf, fervantf, agentf, diftributorf, dealerf, affigneef, ftockiftf and all thofe connected with the Defendant in itf bufineff be reftrained by an order and temporary injunction of thif Hon'ble Court from manufacturing and/or trading, marketing, importing, diftributing, felling and/or ufing in any manner whatfoever in relation to any cofmetic preparationf, the impugned counterfeit markf and the pirated impugned artiftic or any mark/f or artiftic workf/trade dreff identical with and/or deceptively fimilar to the Plaintiff' diftinctive and prior ufed regiftered trademarkf i.e. the U-Logo, LAKME, LAKME NINE TO FIVE (9-5), LAKME EYECONIC and L-Logo/L-Logo with Lakme, and the Plaintif'f fubfifting copyrightf / trade dreffef in the Plaintiff' original artiftic workf of LAKME NINE TO FIVE (9 to 5) and LAKME EYECONIC fo af to paff of their goodf and bufineff af and for thofe of the Plaintiff' or in fome way connected or affociated therewith;

5. Affidavit in Reply to be fled and ferved on or before 9th April 2021. Affidavit in Rejoinder, if any, to be fled and ferved on or before 7th May 2021.

6. Lift the Notice of Motion for hearing and fnal difpofal on 25th June 2021.

11th March 2021 25-IAL1271-2021 IN COMIPL1265-2021 WITH LPETNL1268-2021.DOC

7. 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.

(G. S. PATEL, J) Page 3 of 3 11th March 2021