• Achyuth Rao N

Pidilite Industrial Ltd. vs. Saathi Adhesives Pvt. Ltd. & Ors. COMM(IP) 19160/2021, dt. 22/09/2

Recently, the Bombay High Court granted an ad-interim ex-parte injunction restraining the defendants from using the marks SSH/SH, MARINE, D3/D3-GOLD and SAATHICOL or any other mark deceptively similar to the plaintiff’s marks #FEVICOL, SH, MARINE and D3.

The plaintiff, a leading manufacturer of #adhesives and allied products, owned #registrations for all four above-noted marks. It also provided material evidence to show its #goodwill and #reputation in all the marks. In November 2019, the plaintiff came across a range of adhesive products sold by the defendants under the infringing marks. The defendants had also obtained a registration for the SAATHICOL label mark.

The court held that the plaintiff made out a prima facie case of trade mark #infringement with respect to the marks SSH/SH, MARINE, D3/D3-GOLD. Further, owing to the defendants’ registration for the SAATHICOL mark, the court granted relief against use of this mark under the laws of passing off. Lastly, the court #condoned the plaintiff’s delay in approaching the court and held that mere delay on its own cannot, unless there is a case made out in #acquiescence, operate to defeat the rights of a registered proprietor.

Recently, the Bombay High Court granted an ad-interim ex-parte injunction restraining the defendants from using the marks SSH/SH, MARINE, D3/D3-GOLD and SAATHICOL or any other mark deceptively similar to the plaintiff’s marks #FEVICOL, SH, MARINE and D3. The plaintiff, a leading manufacturer of #adhesives and allied products, owned #registrations for all four above-noted marks. It also provided material evidence to show its #goodwill and #reputation in all the marks. In November 2019, the plaintiff came across a range of adhesive products sold by the defendants under the infringing marks. The defendants had also obtained a registration for the SAATHICOL label mark. The court held that the plaintiff made out a prima facie case of trade mark #infringement with respect to the marks SSH/SH, MARINE, D3/D3-GOLD. Further, owing to the defendants’ registration for the SAATHICOL mark, the court granted relief against use of this mark under the laws of passing off. Lastly, the court #condoned the plaintiff’s delay in approaching the court and held that mere delay on its own cannot, unless there is a case made out in #acquiescence, operate to defeat the rights of a registered proprietor.

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