Asian Paints Limited vs Vinod Satyaprakashji Mittal — Bombay HC (2025) — LawSathi Research

Asian Paints Limited vs Vinod Satyaprakashji Mittal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed: ad-interim reliefs of 10th December, 2024 and 28th July, 2025 confirmed as interim relief; Defendant restrained in terms of prayer clauses (a), (b) and (c) (temporary injunctions against use of the impugned ASIANGOLD/SUPREME GLOSS marks, labels, artworks and trade dress infringing the Plaintiff's trade marks, copyrights and passing off); Court Receiver discharged without passing of accounts, with the Plaintiff to pay the Receiver's expenses/charges/costs within eight weeks on demand.

Issue for consideration

Whether the ad-interim relief earlier granted by this Court (orders dated 10th December, 2024 and 28th July, 2025) should be confirmed as interim relief when the Defendant, though served, has filed no reply and does not appear. +1 more

Court's answer

As there was no response by the Defendant despite service, the prima facie findings already arrived at by this Court (orders dated 10th December, 2024 and 28th July, 2025) were not displaced, and there was no reason why the ad-interim relief should not be confirmed as interim relief.

Ratio / Principle

The ad-interim relief granted by the orders dated 10th December, 2024 and 28th July, 2025 stands confirmed as interim relief.

Key takeaways

The Interim Application is allowed in terms of prayer clauses (a), (b) and (c), i.e., temporary injunctions pending hearing and final disposal of the suit restraining the Defendant from manufacturing, marketing, distributing, selling or using the impugned ASIANGOLD wall putty and SUPREME GLOSS premium enamel marks/labels, the pirated artworks, and the impugned trade dress, as being identical with or deceptively similar to the Plaintiff's ASIAN PAINTS/ASIAN marks, TRUCARE wall putty label, APCOLITE GLOSS premium enamel label, their registered copyrights and distinctive trade dress.ratio¶¶20
The Court Receiver's Report is disposed of and the Court Receiver stands discharged without passing of accounts.ratio¶¶35

Detailed headnote1 paragraphs

Uncontested confirmation of ad-interim injunctions — Asian Paints Ltd. v. Vinod Satyaprakashji Mittal (IA No. 4134 of 2025 in Comm. IP Suit No. 115 of 2025, Bombay High Court, Commercial Division; Sharmila U. Deshmukh, J., 18.11.2025): By earlier orders (10th December, 2024/2025 and 28th July, 2025) ad-interim relief had been granted for trade mark and copyright infringement and passing off, with a Court Receiver appointed and the order executed at the Defendant's premises. At the hearing of the IA the Defendant, though served, did not appear or file any reply; the Court held that the prima facie findings of overall deceptive similarity between the Defendant's ASIANGOLD wall putty and SUPREME GLOSS premium enamel marks/labels/artworks and the Plaintiff's ASIAN/ASIAN PAINTS marks (multiple registrations in class 02), TRUCARE wall putty label (Regn. No. 3389681) and APCOLITE GLOSS premium enamel label (Regn. No. 2879939), including registered copyrights A-120499/2017 and A-118156/2017, stood undisplaced, and confirmed the ad-interim relief as interim relief. IA allowed in terms of prayers (a), (b) and (c); Court Receiver discharged without passing of accounts, Plaintiff to bear his expenses/charges/costs within eight weeks on demand.

2025:BHC-OS:21504

58 IA 4134-25.doc

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

INTERIM APPLICATION NO. 4134 OF 2025 IN COMMERCIAL IP SUIT NO. 115 OF 2025

Asian Paints Limited ... Applicant/Plaintiff. Versus Vinod Satyaprakashji Mittal ... Respondent/Defendant.

Mr. Vinod A. Bhagat a/w. Ms. Sonam Pradhan i/by Vinod Bhagat for the Applicant/Plaintiff.

Mr. Deepak S. Bhalerao, 2^nd Assistant to Court Receiver, present.

Coram : Sharmila U. Deshmukh, J. Date : November 18, 2025

P.C. :

1. By order of 10^th December, 2025, ad-interim relief was granted in respect of infringement of trade mark and copyright and Court Receiver came to be appointed. Subsequently, the ad-interim order

was executed at the Defendant’s premises and the Defendant are aware of the passing of the ad-interim order.

2. Learned counsel appearing for the Plaintiff submits that though served, none appears on behalf of the Defendant. He would submit that the prima facie findings which have been arrived at by this Court have not been displaced in the absence of any reply by the Defendant.

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sa_mandawgad

58 IA 4134-25.doc

3. By order of 10^th December, 2024, this Court came to a prima facie findings of overall deceptive similarity in the rival marks and that the impugned marks and the art work adopted by the Defendant is deceptively and confusingly similar to that of the Plaintiff’s mark. The ad-interim relief was granted for infringement of trade mark and copyright. Subsequently, the leave Petition was allowed and adinterim in respect of passing off was granted by order of 28^th July, 2025.

4. Despite service, none appears on behalf of the Defendants.

5. As there is no response by the Defendant, prima facie findings which have been arrived at by this Court by order of 10^th December, 2024 and 28^th July, 2025 have not been displaced. There is no reason as to why the ad-interim relief should not be confirmed as interim relief.

6. In light of the above, the ad-interim relief granted by order of 10^th December, 2024 and 28^th July, 2025 is confirmed as interim relief.

7. Interim Application is allowed in terms of prayer clause (a), (b), and (c), which reads as under.

“a. pending the hearing and final disposal of the suit, the Defendant by themselves, their proprietor, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by an order and temporary injunction of this

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58 IA 4134-25.doc

Hon'ble Court from manufacturing, marketing, distributing, selling and/or using in any manner whatsoever in relation to their wall putty, enamel, paints or other like goods used in the paint industry, the impugned mark ASIANGOLD wall putty, the impugned label marks of ASIANGOLD wall putty and SUPREME GLOSS premium enamel or any other mark or label/s being identical with and/or deceptively similar to the Plaintiff's trade marks ASIAN and ASIAN PAINTS, TRUCARE wall putty label and APCOLITE GLOSS premium enamel label respectively, so as to infringe upon the Plaintiff's said trade marks ASIAN PAINTS and ASIAN registered under Nos. 533698, 904237, 904238, 965439 1055654, 1067053, 1154822, 1154823, 1154824, 1154825, 1154827, 1154828 1154831, 1154832, 1154834, 1154835, 1154837, 1587298, 1021922 16092, 1609254, 1609255, 1609256, 1609257, 1609258, 1609259, 1650391 1670419, 1670422, 1670423, 1670424, 1670427, 1670430, 1670431, 1670432 1670433, 1670435, 1670436, 1737954, 1737955, 1737956, 1743551, 1743552, 1743553, 1743554, 1743555, 1847163, 1994707, 1994709, 1994711, 2129737, 2129741, 2318178, 2400078, 2413392; the trade mark of TRUCARE wall putty label registered under No. 3389681 and the trade mark APCOLITE GLOSS premium enamel label registered under No. 2879939; all in class 02;

b. pending the hearing and final disposal of the suit, the Defendant by themselves, their proprietor, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by an order and temporary injunction of this Hon'ble Court from manufacturing, marketing, distributing, selling and/or using in any manner whatsoever in relation to their wall putty, enamel, paints or other like goods used in the paint industry, the impugned pirated artworks of ASIANGOLD wall putty and

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58 IA 4134-25.doc

SUPREME GLOSS premium enamel (appended at Exhibit S to the Plaint) bearing colour scheme, lay-out, get-up, style, artwork and representation or any other artwork which is identical with and/or is substantially/strikingly similar as regards the colour scheme, lay-out, get-up, style, artwork and representation to the Plaintiff's original artistic works of TRUECARE wall putty (appended at Exhibit M to the Plaint) and APCOLITE GLOSS premium enamel (appended at Exhibit G to the Plaint), so as infringe upon the Plaintiff's registered copyrights in the original artistic works of its TRUCARE wall putty label registered under No. A-120499/2017 dated 21.09.2017 and APCOLITE GLOSS premium enamel label registered under No. A- 118156/2017 dated 05.07.2017;

c) pending the hearing and final disposal of the suit, the Defendant by themselves, their proprietor, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by an order and temporary injunction of this Hon'ble Court from manufacturing, marketing, distributing, selling and/or using in any manner whatsoever in relation to their wall putty, enamel, paints or other like goods used in the paint industry, the impugned mark ASIANGOLD wall putty, the impugned label marks and trade dress of ASIANGOLD wall putty and SUPREME GLOSS premium enamel or from using any mark, label/s or trade dress identical with and/or deceptively similar to the Plaintiff's distinctive and prior used trade marks ASIAN PAINTS, ASIAN, TRUCARE wall putty label and APCOLITE GLOSS premium enamel label and the distinctive trade dress depicted on the Plaintiff's TRUCARE wall putty and APOLITE gloss premium enamel labels, so as to pass off the Defendant's goods and business as and for those of the Plaintiff or in some way connected or associated therewith; "

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58 IA 4134-25.doc

8. The Court Receiver’s Report is disposed of. The Court Receiver stands discharged without passing of accounts. All expenses, charges and cost of the Court Receiver to be paid within period of eight weeks by the Plaintiff upon the demand being raised by the office of Court Receiver.

[Sharmila U. Deshmukh, J.]

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sa_mandawgad Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 20/11/2025 11:50:25