Factual and Procedural Background Laser Shaving India, a company that makes and sells razor blades and shaving products, launched its “SETMAX” brand in distinctive red packaging. It claimed the look was original and had built strong sales and reputation. When it discovered rival RKM International selling almost identical “SetMax” blades in very similar red packaging through its distributors, Laser Shaving filed a commercial suit in the Bombay High Court alleging copyright infringement in the artistic packaging and passing off. It sought an urgent interim order to stop the rival sales. A single judge refused the order, saying the company had hidden key facts from earlier trademark proceedings. Laser Shaving then filed this appeal before the division bench.
Dispute in Question The fight was whether Laser Shaving deserved a temporary ban on the rival product while the full trial went on. The company said its packaging was unique and being copied, confusing customers. The defendants argued the marks and packaging were different, and more importantly, that Laser Shaving had earlier told trademark officials the two marks looked nothing alike, so it could not now claim they were confusingly similar.
Reasoning and Decision of Court The division bench examined the record and found Laser Shaving had deliberately withheld its own earlier reply to the trademark registry, where it had insisted its “SETMAX” mark was visually and structurally different from the rival’s mark. The court said every litigant must approach with clean hands and full disclosure; hiding material facts amounts to playing unfair. It also noted the principle of prosecution history estoppel: once a party tells the trademark office the marks are dissimilar, it cannot later take the opposite stand in court to claim deception. Because of this suppression and contradictory position, the company was not entitled to any urgent relief. The appeal was dismissed and the single judge’s refusal of the interim injunction was upheld.
Title: Laser Shaving India Pvt Ltd Vs RKM International Products Pvt Ltd & Ors, Order date: 6th April 2026, Case Number: Interim Application (L) No. 26994 of 2025 in Commercial Appeal (ST) No. 26806 of 2025, Neutral Citation: 2026:BHC:OS:9090-DB, Name of court and Judge: Bombay High Court, Bharati Dangre and Manjusha Deshpande JJ
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors. Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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