Bombay HC grants temporary relief to Pidilite in Dr Fixit trademark dispute
Bombay High Court has recently restrained Dubond Products India Pvt Ltd from manufacturing, distributing or selling its waterproofing product that has allegedly identical trade mark/dressing of Dr Fixit until further order.
Mumbai-based Pidilite Industries, the maker of Fevicol and M-Seal adhesive brands, has approached the court to restrain Dubond Products from allegedly infringing its registered trademarks, copyright and passing off for its waterproofing brand Dr Fixit LW.
Passing-off in intellectual property rights (IPR) law means making a false representation that is likely to induce a person to believe that the goods or services are those of another.
“The balance of convenience is overwhelmingly in favour of the plaintiff (Pidilite). Further, irreparable harm and loss will be caused to the plaintiff due to the defendant’s continued use of the marks which are wrongful activities,” observed Justice RI Chagla in its order of May 21. “The defendant has various other products apart from the impugned product and therefore the defendant’s business will not be affected upon the grant of injunction,” he said further in its 81-page order.
Before the court’s order, Pidilite Industries through counsel Hiren Kamod and law firm Khaitan & Co, argued that its product Dr Fixit is being sold under the marks ‘LW’ and ‘LW+’ and Dubond Products was using these marks along with overall imitation of labels including the identical colour scheme of blue and yellow, grey bottles, identical marks and features including images in an
