Bombay HC Passes Interim Order In Favour Of Pidilite In Suit For Infringement

The Bombay High Court passed an order of interim injunction in favour of Pidilite Industries in a suit filed against Santec Chemical.

Pidilite Industries Limited (‘Plaintiff’), who carries on business in the field of waterproofing chemicals, construction bonding chemicals/materials/additives products filed a suit before Bombay High Court against Santec Chemical Private Limited & 3 Ors (‘Defendants’) for infringement of trademark and copyright and passing off pertaining to its   mark and its packaging/trade dress. The Defendant was found to be selling the impugned goods under an almost identical/deceptively similar trade mark   and packaging/trade dress, giving an impression to unwary members of public that the same is associated with the Plaintiff. The Defendant was found to be duping and misleading the consumers and innocent public by selling such low quality fake and infringing goods.  

The Bombay High Court, upon hearing the Plaintiff, issued an ex-parte ad-interim injunction restraining the Defendant, from selling infringing goods bearing a trade dress/packaging/label, which was found to be identical with/deceptively similar to a trade dress/packaging/label used by Plaintiff’s in relation to their goods. Local Commissioners were appointed by the Bombay High Court to conduct raid at four locations in Kozhikode and Malappuram districts in Kerala. On 18th July, 2024, the Local Commissioners conducted raid at four locations and seized around 5.5 tons (5,785 kgs) of infringing goods.  

Intellectual property violations are treated with utmost seriousness by Courts, which have consistently led the charge in swiftly granting relief to halt such unlawful practices. These interventions not only safeguard companies from the proliferation of counterfeit/infringing goods but also broadcast a resolute message to other infringers which is  ‘unauthorized use will be met with robust and decisive measures’.

Pidilite Industries Limited was represented by Mr. Hiren Kamod, Advocate a/w Mr. Rahul Dhote, Mr. Shwetank Tripathi, Mr. Vidit Desai, Ms. Radhika Mehta & Mr.Prem Khullar Advocates i/b ANM Global for the Plaintiff.