Quashed

Unilever Plc. and Anr. v. Organon Homoeo Laboratory Pvt. Ltd.

Bombay HC3 May 2023COMIP/290/2021

Case brief

AI extract

What is this about?

Consent order enjoining defendant from using a trade mark deceptively similar to plaintiffs' registered marks for petroleum jelly and skin care goods under proceeds from litigation

What did the court decide?

Permanent injunction restraining use of impugned mark and ordering destruction of goods bearing said mark subject to handover of petroleum jelly contents to defendant

Unilever Plc. and Anr. Vs Organon Homoeo Laboratory… — Intellectual Property | Bombay HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. IP SUIT NO. 290 OF 2021.

¶2

Unilever Plc., a company ) incorporated under the laws ) of England and Wales, ) having its registered office ) at Port Sunlight, Wirral, ) Merseyside, CH624ZD, ) United Kingdom and its ) corporate office at Unilever ) House, 100 Victoria ) Embankment, London ) EC4YODY, United ) Kingdom. )

¶3

Hindustan Unilever Limited, a public limited company incorporated under the Indian Companies Act, 1913, having its registered office at Unilever I-louse, B.D. Sawant Marg, Chakala, Andheri (East), Mumbai 400 099,

Maharashtra.

)

... Plaintiffs

v/s

Organon llornoeo Laboratory Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 57B, N S C l3asu Road Kolkata, West Bengal 700040, its corporate office at 162, B Ganguly Street, Kolkata- 12 and manufacturing unit at Near Akra Krishnanagar High School, Akra, Krishnanagar, Dist. South 24 Parganas, Kolkata- 700 0140. Defendant

¶9

CONSENT MINUTES OF THE ORDER

¶10

'The Plaintiffs abovenamed have filed the present suit against the Defendant abovenamed praying inter alia for reliefs relating to infringement of its registered trade mark VASELINE and VASELINE depicted under the Arch Device and for passing off the goods viz, petroleum jelly and other like goods used in the skin care industry, by the Defendant by use of the impugned mark PETROGEL-PURE WhITE VASELINE depicted under

¶11

the Arch Device and for other reliefs, as more particularly mentioned in the plaint.

¶12

The Defendant hereby acknowledges the proprietary rights of the Plaintiffs in their trade marks VASELINE and VASELINE depicted with Arch Device, being used by the Plaintiffs in relation to its aforementioned goods and as more particularly mentioned in the plaint.

¶13

The Defendant agrees and undertakes that it shall not hereafter use the impugned mark PETROGEL-PURE WHITE VASELINE and the Arch Device being almost identical to the Plaintiff's trade marks VASELINE and VASELINE depicted with the Arch Device or any mark which is identical with and/or is deceptively/substantially similar to the Plaintiff's trade marks VASELINE and VASELINE depicted with the Arch Device. Both parties nevertheless agree that the Defendant shall however be entitled to use the word PETROGEL, so long as the same is not depicted under a label and artwork identical with and/or deceptively/substantially similar to the Plaintiffs' trade marks and artwork of VASELINE and VASELINE depicted with the Arch Device.

¶14

5. 'l'he I)efendant accordingly submits to a Decree in favour of the Plaintiffs in tenns of prayers (a), (b) and (c) of the plaint, which reads as under :-

¶15

(a) the 1)efendant by themselves, their directors, servants, agents, stockists, distributors, assignees and all those connected with the I)efendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, distributing, packing, selling and/or using in any manner whatsoever in relation to their petroleum jelly and other like goods used in the skin care industry the impugned mark PETROGEL-PURE WFIITE VASELINE and the Arch l)evice, bearing the Plaintiffs' trade mark VASELINE and the Plaintiffs' Arch I)evice as an essential feature, or any mark/s identical with and/or deceptively similar to the first Plaintiff's trade mark VASELINE petroleum jelly, so as to infringe upon the first Plaintiff's trade mark VASELINE and VASELINE registered with Arch Device, under Nos. 1371, 1374, 767814, 1327823 and 1663631 all in class 03; Nos. 1373, 1376 and 1744883 all in class 05; Nos. 1253082, 1253084 both in class 42;

¶16

(b) the I)efendant by themselves, their directors, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, trading, distributing, packaging, selling and/or using

¶17

in any manner whatsoever in respect of their petroleum jelly or othersuch like goods used in the skin care industry the impugned mark PETROGEL-PTJRE WHITE VASELINE and the Arch Device represented in a style, get-up, artwork and trade dress or any markor trade dress identical with and/or deceptively similar to the Plaintiff's distinctive and prior used trade marks VASELINE,VASELINE with the Arch Device, so as to pass off their goods and business as and for those of the Plaintiffs or in some way connected or associated therewith

¶18

(c) the Defendant by themselves, their directors, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be ordered to deliver up to the Plaintiffs for destruction all of the impugned goods including petroleum jelly, skin care preparations and any other like goods used in the personal care industry, labels, covers, wrappers, hoardings, cartons, bill books, visiting cards, pamphlets, literature, stamps, seals, printing, packing and advertising material and other things bearing the impugned mark PETROGEL-PURE WHITE VASELINE as complained off hereinabove;

¶19

As regards prayer clause (c) above, the I)efcndant undertakes to destroy all goods and/or packaging materials bearing the impugned mark PETROGEL-PURE WHITE VASELINE with the Arch Device, which have been seized by

¶20

the Additional Special Receiver appointed in the said matter, within a period of 2 weeks from the date of execution of the consent terms, which destruction shall be undertaken in the presence of the Plaintiffs' representative and the contents of the seized goods, viz, petroleum jelly, shall be handed over to the l)e lendant.

¶21

Incase the I)efendant is found to. violate the above terms, the Plaintiff shall remain entitled to take all such actions and seek such remedies as are permissible under applicable law.

¶22

Dated this³¹ day of May 2023.

¶23

Advocates for the Plaintiff

¶24

Advocate for the Defendant

¶25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURI SI) IC'l'I ON IN ITS COMMERCIAL 1)1 VISION COMMERCIAL IP SUIT NO. 290 OF 2021

¶26

Hindustan Unilever Limited

¶27

Plaintiff

¶28

Versus

¶29

Organon Homoeo Laboratory Private Limited

¶30

I)c fendant

¶31

CONSENT MINUTES OF THE ORDER Dated: This 3 day of May 2023.

¶32

V. A. Bhagat.

¶33

C/o. Arjun T. Bhagat & Co. Advocates for the Plaintiff. 132/1, Shaheen Apartments, Mody Street, Fort, Mumbai 400 001. Ph: +91-22-2269 6729/3717/3718 Emai1:1egaIatbhagatandco.corn Enrollment No. MAI-I/1403/1990

Unilever Plc. and Anr. v. Organon Homoeo Laboratory Pvt. Ltd.

Case brief

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What did the court decide?

Unilever Plc. and Anr. v. Organon Homoeo Laboratory Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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