Hindustan Unilever Limited vs Padmavathi Chemicals

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

IN IT' S COMMERCIAL DIVISION

COMIP SUIT NO. 50 OF 2025

HindustanUnileverLimited,	)
apubliclimitedcompany	)
IncorporatedundertheIndianCompaniesAct, 1913,	)
HavingitsregisteredofficeatUnileverHouse,	)
B.D.SawantMarg,Chakala,Andheri(East),	)
Mumbai-400099,Maharashtra	) ...Plaintiff
Versus
PadmavathiChemicals	)
havingit'saddressat	)
PlotNo.21,MGardens,	)
Gudapallipadu,Nellore,(D.T.),	)
AndhraPradesh- 524002 ...	) Defendant

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CONSENT MINUTES OF THE ORDER ·

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By consent Leave under Clause XIV of the Letters Patent Act (Clause XIV Petition (L) No. 2260 of 2025) to be granted.

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original artistic world trade dress/ artistic packaging and more particularly mentioned in the plaint.

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1. against the Defendant praying interalia reliefs relating to infringement of copyright of VIM subsisting in their for passing off the goods viz dishwashing preparations, liquid detergents, home care preparations and/or any other like goods, by the Defendant by use of impugned artistic packaging/trade dresses of VIM and for other reliefs, as

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The Plaintiff above named has filed the present suit

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particularly mentioned in the suit plaint.

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1. the proprietary rights of the Plaintiff in its copyright subsisting in their original artistic works/ trade dress/ artistic packaging of VIM label, being used by the Plaintiff in relation to the aforementioned goods, as more

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The Defendant i.e. Padmavathi Chemicals acknowledges

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the copyright subsisting in the original artistic work/ trade dress/ artistic packaging of VIM label.

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1. The Defendant agrees and unde1iakes it shall not hereinafter use the impugned artwork as mentioned in paragraph 2 above, nor they shall use any artworl<ls identical with and/or deceptively/substantially similar to

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The Defendant accordingly submits to a decree in terms of prayer clauses (a) and (b) which reads as under:

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(a) The Defendant by itself, its proprietor, partners, directors, servants, agents, stockists, distributors, dealers, franchisees, licensees, assigns and all persons claiming through it or acting on its behalf be restrained by an order and perpetual injunction of this Hon 'ble Court from infringing the Plaintiff's copyright subsisting in the artistic work comprised in the VIM artistic packaging I trade dress shown at Exhibits B and D hereto, by reproducing, printing, publishing, using and/or communicating to the public the impugned packaging I trade dress at Exhibit G hereto or any other work I packaging I trade dress which is an ilnitation and/or reproduction of the artistic work comprised in the Plaintiff's VIM artistic packaging I trade dress shown at Exhibits B and D hereto or substantial part thereof or in any other manner whatsoever;

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(b) The Defendant by itself, its proprietor, partners, directors, servants, agents, dealers, stockists, distributors and all persons claiming under it be restrained by a permanent order and injunction of this Hon'ble Court from using the impugned artistic

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packaging/ trade dress shown at Exhibit B and D respectively hereto and/or any other artistic packaging/ trade dress which is identical with and/or closely and /or deceptively and/or substantially similar to the Plaintiff's VIM artistic packaging/ trade dress shown at Exhibits B and D upon and in relation to dishwashing preparations and/or the like goods so as to pass off or enable others to pass off its goods as and other manner whatsoever; for the well-known goods of the Plaintiff or in any

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The packets seized by the Court Receiver shall be opened by the parties in the presence of their representative of both the Plaintiff and the Defendant and the dishwashing preparations therein shall be returned to the Defendant and the wrappers/labels/stickers shall be forthwith destroyed.

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"7525 14" drawn on Union Bank of India dated 25 th

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1. The Defendant issued !:l Demand Draft bearing number February 2025 in favour Hindustan Unilever Limited for an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) towards costs mutually agreed upon between the parties and towards full and final settlement of this suit.

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The Defendant undertakes that it has not filed/will not file in future any application/s seeking registration of the impugned artwork with the Registrar of Copyrights. In case the Defendant has filed any such application/s, the Defendant undertakes to withdraw all such applications/registrations within a period of 3 weeks from the date of executing these terms. The Defendant shall simultaneously forward copies of such letters seeking withdrawal of its applications/registrations duly acknowledged by the Copyright Office, to the Plaintiff or its Advocates.

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Refund of court fees as per rules.

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By consent, the above Commercial IP Suit No. 50 of2025 ; Interim Application (L) No. 2194 of 2025 and Leave Petition (L) No. 2260 of 2025 be disposed of accordingly against the Defendant.

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