Marico Limited Vs Zee Hygiene Products Pvt. Ltd.

Marico Limited Vs Zee Hygiene Products Pvt. Ltd.:Case Number:Commercial IP Suit (L) No. 32952 of 2024:Neutral Citation:2025:BHC-OS:9444:Date of Order:25 June 2025:Court:High Court of Judicature at Bombay:Judge:Hon'ble Ms. Justice Sharmila U. Deshmukh

Brief Facts:Marico Limited, owner of the well-known trademarks "PARACHUTE", "PARACHUTE ADVANSED", and "PARACHUTE JASMINE", alleged that Zee Hygiene Products Pvt. Ltd. copied its trade dress, packaging, and trademarks. Marico claimed infringement of its registered trademarks and copyrights, and also passing off.

Dispute:The Plaintiff alleged that the Defendant's products under the mark “COCOPLUS” (including COCOPLUS JASMINE) copied essential elements like the blue bottle, green-bordered flag device, broken coconut device, and overall trade dress deceptively similar to Marico’s products. The Defendant argued prior use, registration of its own mark, and denied copying.

Discussion by Judge:The Court found that the Defendant’s actual packaging was not the same as its registered mark and had copied essential features of the Plaintiff’s well-known packaging.The Defendant's mark “COCOPLUS” was not used in its registered form and its label slavishly imitated Marico’s products.Delay in filing suit was not fatal as there was no acquiescence.The defence under Section 30(2)(e) of the Trade Marks Act was rejected, and balance of convenience favored Marico.The Court held that mere registration of the Defendant's mark did not protect deceptive use.

Decision:The Court granted interim injunction restraining the Defendants from using the infringing marks, packaging, bottles, and artistic works similar to Marico’s "Parachute" products, until final disposal of the suit. Reliefs under prayer clauses (a) to (f) were granted.