Hindustan Unilever Limited vs Rajesh Jain

Ashis Kumar Chakraborty, J

The Court: The petitioner, being the plaintiff in a suit for infringement of trademark and passing off has filed the present application praying for, various interim reliefs against the respondent herein.

The petitioner company is a part of the Unilever Group and carries on the business, inter alia, of manufacturing, marketing and sale of various kinds of washing soaps, including detergent. It is claimed that in or around the year 1963, the petitioner company honestly and independently conceived and adopted a trade mark 'RIN', for use upon and in relation to its soaps and other substances for laundry use in India. In or around the year 1969-1970, the petitioner commercially launched its 'RIN' detergent bar for laundry purposes. The petitioner company has obtained registration of the said logo and copies of the relevant registration certificates bearing nos. 214094, 409377, 409378, 1065244, 1325307 and 1550601 all in class 03. The petitioner has disclosed copies of the relevant registration certificates as Annexures "A", "B", "C", "D", "E" and "F" to the petition, respectively.

Apart from the said product sold under the trade name "RIN", the petitioner adopted and commenced use of the trademark 'VIM' In or around the year 1993, in relation to dishwashing soaps and/or preparations for dishwashing use. Presently, there are three products that are marketed and sold by the petitioner under the brand umbrella of VIM being, 'VIM' powder, 'VIM' bar and 'VIM' liquid (hereinafter referred to as "the said VIM goods"). The petitioner is also the registered proprietor of several trademarks in respect of its products sold under the trademark "VIM". The petitioner company has secured registration of the said logo and copies of the relevant registration certificates bearing nos. 87122, 245627, 649646, 652464, 839123, 1215192 and 1926435 all in class 03 reflecting the respective logo have been disclosed as Annexures "H", "I", "J", "K", "L", "M" and "N" to the petition, respectively.

The petitioner company also claims to have advertised the trademarks "RIN" and "VIM" labels through diverse media, including magazine, television and radio, sponsoring events etc. etc. The petitioner claims that the said products bearing the trademarks "RIN" and "VIM" with the respective labels/packaging have acquired a substantial reputation and goodwill in the market and the said labels with the unique textures have become distinctive of the products of the petitioner. The petitioner has also disclosed the net proceeds of sales and the advertisement expenses incurred in respect of their products, including labels/packaging of their product "RIN" and "VIM".

The detergent products of the petitioner, sold under the trademarks "RIN" and "VIM" have acquired substantial reputation and goodwill in the market and the said labels/packets with their unique features have become distinctive of the products of the petitioner. The said mark and/or labels along with the idiosyncratic features of the packets have become and part of the goodwill of the petitioner and have become associated in the mind of the consuming public with the products of the petitioner.

In or about the month of September 2019, in the course of market survey and investigation carried out by the petitioner at Jabalpur, Madhya Pradesh, it was found that the respondent was manufacturing, selling and distributing detergent products under the mark 'RIM' (hereinafter referred to as "the impugned product").

According to the petitioner, by use of the almost identical and in any case deceptively similar word 'RIM' in connection with the impugned product, the respondent is infringing the registered trademarks of Petitioner 'RIN' and 'VIM'. A copy of the label/packaging in which the respondent is selling its detergent 'RIM' detergent powder is disclosed and marked with the letter "P" to the petition. The packaging of the petitioner's 'RIN' and "VIM" product are disclosed and marked as "Q" and "R" to the petition respectively.

It is emphasised that the respondent's impugned mark 'RIM' is deceptively similar to the petitioner's well known, prior used and registered trade marks 'RIN' and 'VIM'. The goods in respect of which the impugned mark is used are identical to those of the petitioner. The petitioner further asserts that the adoption of the impugned marks by the respondent is per se dishonest and appears to have been undertaken in bad faith. The petitioner submits that the respondent can have no valid justification for having unauthorizedly undertaken such misuse, which appears to have been knowingly undertaken by the respondent to perpetrate a fraud on the petitioner and in order to usurp upon the petitioner's aforementioned reputed trade marks and that the respondent by use of the labels/ packets which are deceptively similar to the labels in which the petitioner sells detergent powders under the names 'RIN' and 'VIM' is seeking to appropriate to itself the goodwill of the petitioner by the misrepresentation as aforesaid which is causing substantial loss and damage to the petitioner and is thus passing off its detergent powder as that of the petitioner's manufacture.

On the basis of the aforementioned allegations the petitioner has filed the suit against the respondent for infringement of the registered trade mark being Annexures "A", "B", "C", "D", "E", "F" "H", "I", "J", "K", "L", "M" and "N" to the petition. In the present application, the petitioner has also prayed for an ex-parte at interim order of injunction restraining the respondents from infringing their said trade marks and copyrights.

On the basis of the above allegations, the petitioner has filed the instant suit against the respondent and prays for ex-parte ad interim order of injunction against the respondent from infringing its aforementioned trademarks in respect of the said 'RIN' and 'VIM' products.

Considering the averments of the application and the documents on record, I am prima facie satisfied that the packets in which the detergent products of the respondent is sold under the brand name, "RIM" is prima facie colourable and deceptive imitation of the petitioner's trade marks in respect of the detergent products, namely 'RIN' and 'VIM'. The petitioner has prima facie substantiated infringement of its said trademarks by the respondent. The balance of convenience also lies in favour of the petitioner for obtaining ex-parte ad interim order of injunction. Accordingly, there shall be an ex-parte ad interim order in terms of prayer (a), (b) and (c) of the Notice of Motion dated September 03, 2019.

Further, Shri Mihir Kundu, Advocate of Bar Association (Room no.2) is appointed as the Special Officer who shall visit the place of business of the respondent at Jabalpur in the State of Madhya Pradesh and also other the godown(s) of the respondent where the infringing products may be stored and inventorise the infringing products, if required, with police assistance. After inventorising the infringing products the Special Officer may, at the instance of the petitioner, remove the same at a safe place to be provided by the petitioner. The jurisdictional Superintendent of Police and Officer-in-Charge of the concerned Police Station, if approached by the Special Officer, shall extend all assistance in implementing this Order. The Special Officer shall be entitled to an initial remuneration of 4000 GMs to be paid by the petitioner company. The Special Officer shall be accompanied by a competent officer of the petitioner company who shall serve a copy of the petition and a copy of this order on the respondent. All arrangements for the visit of the Receiver at Jabalpur in the State of Madhya Pradesh shall be made by the petitioner.

The ad interim order passed today shall be valid till November 22, 2019 or until further order whichever is earlier.

The application will appear, under the same heading on November 18, 2019. The petitioner shall file an affidavit of service on the next date. The Special Officer shall file his report on the next date.

The defendant shall be at liberty to apply for vacating and/or variation of this order upon notice to the petitioner.

The parties and all concerned, including the Special Officer and Police Authorities shall act on copies of the certified website copies of the order.