Asian Paints Limited v. D R Hiwale and Badrinath Kadubal Parde Trading as Anjali Paints and Also Trading as Action Paint
Case brief
What is this about?
Asian Paints Ltd v. D R Hiwale & Badrinath Kadubal Parde (Anjali Paints / Action Paint), Bombay HC Commercial Division, COM IP Suit No. 249 of 2025, decided 25-06-2025 by Sharmila U. Deshmukh, J.: consent decree on admission; perpetual injunctions against use of Impugned Packaging/Trade Dress (copyright infringement), Impugned Word Mark and registered trade marks Nos. 2130519, 2822077, 579838, 588219, 1670418, 1670428, 904238, 1994707, 1994709, 1994711, 2318178 (class 2), and passing off; Consent Terms accepted as undertakings; refund of court fees; Court Receiver discharged without accounts, costs on Plaintiff. Keywords: trade dress, word mark, passing off, consent terms, undertaking to court, paint industry packaging, Aadhaar identity verification.
What did the court decide?
Suit decreed on admission in terms of prayer clauses (a) to (c) of the Plaint: perpetual injunctions restraining the Defendants and all persons claiming under them from (a) using the Impugned Packaging/Trade Dress so as to infringe the Plaintiff's copyright in the Artistic Packaging/Trade Dress; (b) using the Impugned Word Mark and Impugned Packaging/Trade Dress so as to infringe the Plaintiff's registered Trade Marks Nos. 2130519, 2822077, 579838, 588219, 1670418, 1670428, 904238, 1994707, 1994709, 1994711 and 2318178 (all class 2); and (c) passing off the Defendants' Impugned Goods as those of the Plaintiff. Decree to be drawn up accordingly; refund of Court-fees as per Rules; pending Interim/Civil Applications disposed; Court Receiver's Report disposed of and Court Receiver discharged without passing of accounts, with Receiver's costs/expenses/charges to be borne by the Plaintiff within seven days of demand.