Overview of the Plaintiff's Case:
Pidilite Industries Limited:
A leading company in the adhesives, sealants, construction chemicals, hobbies colours, and polymer emulsions sectors in India.
Founded in 1959, the company has grown to become a market leader
Its brand names, such as FEVICOL, DR.FIXIT, ARALDITE, and FEVIKWIK, are well-known and trusted by millions of customers.
Plaintiff's Intellectual Property Portfolio.
Holds numerous trademark registrations for the DR.FIXIT and ARALDITE brands in various classes.These trademarks have been declared as well-known trademarks under Section 2(zg) of the Trade Marks Act, 1999
Also holds design registrations for the packaging and containers of DR.FIXIT branded products.
Alleged Infringement by the Defendants:
Counterfeit Products Bearing the Plaintiff's Trademarks
Defendants nos. 2-5 are involved in the unauthorized manufacture, sale, and distribution of counterfeit products bearing the ARALDITE mark
Defendants nos. 4-8 are involved in the unauthorized manufacture, sale, and distribution of counterfeit sealant adhesive products bearing the DR.FIXIT mark
Differentiation Between Plaintiff's and Defendants' Products:
DR.FIXIT Products:
Plaintiff's products have a transparent vertical measuring line and clear image of a concrete mixer on the label. Defendants' counterfeit products lack these features.
ARALDITE Products:
Plaintiff's products do not have a shelf life mentioned, have smaller hazard symbols, and a specific batch number sequence.Defendants' counterfeit products have these features in a different manner.
Orders Granted by the Court.
Interim Injunction.
The defendants are restrained from manufacturing, selling, or dealing in the impugned products or any other products identical or deceptively similar to the plaintiff's trademarks DR.FIXIT and ARALDITE.
Case Citation: Pidilite Industries Limited Vs John Doe-Ashok Kumar & Ors :19.07.2024 : CS Comm 586 of 2024:Delhi High Court: Saurabh Banerjee, JJ. H.J
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Ph no: 9990389539
Disclaimer:
The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.
No comments:
Post a Comment