Bombay HC Passes Ex Parte Ad Interim Injunction In Favour Of Bisleri

The Bombay High Court, issued an ex-parte ad-interim injunction in favour of Bisleri restraining the Defendants, from selling infringing goods bearing the impugned mark and trade dress/packaging/label and appointed a Court Receiver to conduct a raid.

Bisleri International Private Limited (‘Plaintiff’), wholesalers and suppliers of packaged drinking water, filed a suit before Bombay High Court against Mr. Ankit Garg & Anr. (‘Defendants’) for infringement of trademark, copyright and passing off pertaining to its well-known mark BISLERI and its label/packaging/trade dress. The Defendants were allegedly found to be selling the impugned goods under the impugned mark BESLARI with an almost identical and deceptively similar label/packaging/trade dress giving an impression to unwary members of public that the same is associated with the Plaintiff. The Defendants were allegedly found to be duping and misleading the consumers and innocent public by selling infringing goods.  

The Bombay High Court, upon hearing the Plaintiff, issued an ex-parte ad-interim injunction restraining the Defendants, from selling infringing goods bearing the impugned mark and trade dress/packaging/label and appointed a Court Receiver to conduct a raid. Upon conducting raid an astonishing amount of 26000 units were seized at the manufacturing unit of the Defendants.

Intellectual Property violations are taken very seriously by Courts in India and such restraint should how Courts have always been in the forefront in granting swift and immediate relief to restrain such illegal use. Such raids not only help companies to restrain counterfeit goods being sold in the market but also sends a strong message to other infringers that such violations would be addressed in the most appropriate way by the company and consequently has a deterrent effect.

[Mr. Rahul Dhote along with Mr.Shwetank Tripathi, Mr.Vidit Desai and Ms.Radhika Mehta i/b ANM Global appeared for the Plaintiff.]