Justice GS Patel injuncted O-Chem Sealers Private Ltd from adopting the marks, labels, and therefore the container shape registered by Pidilite Industries with reference to Dr. Fixit products. The Court saw no valid justification for O-Chem to possess adopted marks, use of the labels, and therefore the container shape.
"All of those entitle it to statutory protection as also, a minimum of thus far as trademark and copyright are concerned, common law remedies," the Court said.
In view of this, he passed an order restraining O-Chem from manufacturing, marketing, selling, advertising, offering to sell, or dealing within the impugned products or any similar goods or the other goods bearing the impugned marks LWC or URP or any marks incorporating them.
Pidilite features a range of products sold under various marks, LW+, LW, URP, DR FIXIT, PIDIPROOF, FEVICOL, PIDILITE, FEVISTIK, FEFI KWIK, D3, SH, MARINE, M-SEAL, FEVICRYL and a mark of a tool of two opposing elephants pulling in opposite directions of a globe. Pidilite also features unique and distinctive storage can for its DR FIXIT range of products including people who are sold under the LW/ LW+ registered marks and labels and therefore the URP registered marks.
Pidilite features a broad spectrum of property rights - trademark, copyright, and style, the Court was informed. The present suit was filed seeking to guard a variety of marks namely LW/LW+, DR FIXIT, and URP with its variant series, artistic works, and a design from infringement and spending off. In October 2020, Pidilite found a water-proofing compound product being put into the market by O-Chem. This bore the mark LWC. Pidilite's grievance was that O-Chem wrongfully used not only with the LW labels, the URP mark but also attempted to pirate the design-protected Dr. Fixit container. O-Chem had used the marks, a label that was a considerable reproduction and an impermissible and colorable imitation of Pidilite’s LW/LW+ labels and therefore the artistic works in those labels.
Justice Patel observed that the color construction product by O-Chem was undoubtedly identical or confusingly almost like Pidilite's URP mark.
He opined that a really strong clear case was made out, both for infringement and spending off, for all three sorts of property that Pidilite seeks to guard.
He, therefore, proceeded to grant interim relief in favor of Pidilite.