Bombay High Court
Hindustan Unilever Limited vs Halberd Chemicals on 21 May, 2019
Bench: S.J. Kathawalla
kpd 1 / 3 903-NMCDL-1191-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION (L) NO. 1191 OF 2019 IN COMMERCIAL IP SUIT (L) NO. 560 OF 2019Hindustan Unilever Limited … Plaintif VersusHalberd Chemicals … Defendant WITH LEAVE PETITION (L) NO. 200 OF 2019Ms. Niyati Davawala instructed by ALJ and Partners for the Plaintif.Ms. Gitika Khanchandani for the Defendant. CORAM : S.J. KATHAWALLA, J.
DATED : 21st MAY, 2019P.C.:
1. Heard the Learned Advocates appearing for the parties and the following Orderis passed, by consent :-
i. Leave under Clause XIV of the Letters Patent Act is granted.ii. The above Suit is decreed in terms of prayer Clauses (a), (b) and (c), which arereproduced hereunder : (a) the Defendant by itself, its directors, servants, agents, stockists, distributors, dealers and all persons claiming through it be restrained by an order and perpetual injunction of this Hon’ble Court from infringing the ::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 03:09:30 ::: kpd 2 / 3 903-NMCDL-1191-2019.doc Plaintiff’s copyright subsisting in the artistic work comprised in the said artistic packaging /trade dress at Exhibit “C” hereto by reproducing, printing, publishing, using and/or communicating to the public the impugned packaging /trade dress at Exhibit “H” hereto or any other work / packaging / trade dress which is an imitation and/or reproduction of the artistic work comprised in the Plaintiff’s said artistic packaging /trade dress at Exhibit “C” hereto or substantial part thereof or in any other manner whatsoever. (b) the Defendant by itself, its directors, servants, agents, stockists, distributors, dealers and all persons claiming through it be restrained by an order and perpetual injunction of this Hon’ble Court from infringing the Plaintiff’s registered trade mark bearing Registration Nos. 1486109, 1780462 and 1486107 all in Class 03, by the use of the impugned logo shown at Exhibit “H” hereto and/or any other trade mark/logo identical with or deceptively similar to the Plaintiff’s registered trade mark bearing Registration No. 1486109, 1780462 and 1486107 all in Class 03 in respect of the goods covered by the Plaintiff’s aforesaid registration or in any other manner whatsoever. (c) the Defendant by itself, its directors, servants, agents, stockists, distributors, dealers and all persons claiming through it be restrained by an order and perpetual injunction of this Hon’ble Court from using the impugned logo shown at Exhibit “H” hereto and/or any other trade mark/logo/device which is identical with and/or closely and deceptively similar to the Plaintiff’s said well-known logo shown at Exhibit “C” hereto and/or from using the impugned packaging /trade dress shown at Exhibit “H” hereto and/or any other packaging /trade dress which is identical with and/or deceptively similar to the Plaintiff’s said artistic packaging /trade dress shown at Exhibit “C” hereto so as to pass off or enable others to pass off the Defendant’s goods as and for the Plaintiff’s well-known goods or in any other manner whatsoever. ::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 03:09:30 :::
kpd 3 / 3 903-NMCDL-1191-2019.docii. On the last date of hearing, it was agreed that the Defendant shall pay costs ofRs.2 Lacs to the Plaintif and the Plaintif had agreed that the same may be donated to’AWARE Foundation’, a charitable organization, which takes care of the sick andinjured animals of the streets. Today, the Advocate for the Defendant has informedthe Court that the Defendant has already transferred an amount of Rs.2 Lacs byRTGS to the “AWARE Foundation”.
iii. The Court Receiver stands discharged without passing accounts but subject topayment of his cost, charges and expenses within a period of two weeks from today bythe Plaintif.
iv. The goods sealed by the Court Receiver, shall be opened by the parties in thepresence of their representative and the contents therein shall be returned to theDefendant and the packets or wrappers shall forthwith be destroyed.v. The Suit, Notice of Motion and Leave Petition are disposed of.
vi. Refund of Court fees, if any, as per Rules. ( S.J.KATHAWALLA, J. ) ::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 03:09:30 :::

News Reporter

Leave a Reply

Your email address will not be published. Required fields are marked *

%d bloggers like this: