The Delhi High Court judgment of Reckitt Benckiser v. Mohit Petrochemicals was passed by a Single-Judge bench of Justice Rajiv Shakdhar. The High Court has ordered the company not to use the mark ‘Devtol’ for manufacturing and selling its hand sanitizers or any product since it is in violation and infringes the trademark and logo of ‘Dettol’, a well-known antiseptic with great market and goodwill. The court passed a permanent injunction decree against the defendant. The High Court has also imposed a fine of Rs. One lakh on the ‘Devtol’ manufacturers for producing hand sanitizers with copied trademark and hence, claimed the amount to be deposited by the manufacturers within a week to the Juvenile Justice Fund, maintained in the name of the Registrar General, High Court of Delhi.
The suit reached the court on the ground that the Reckitt Benckiser (India) Pvt. Ltd, manufacturers of antiseptic sold their products under the registered trademark and in fact logo of the brand ‘Dettol’, against Mohit Petrochemicals Pvt. Ltd for selling their hand sanitizers and products under the brand name of ‘Devtol’ thereby leading to violation or infringement of trademark and logo.
The counsel for Mohit Petrochemicals Pvt. Ltd. made a statement that they shall not be manufacturing or selling any of hand sanitizer or their products by infringing the mark of ‘Dettol’ under the infringing mark of ‘Devtol’. Thereby, Justice Rajiv Shakdhar passed the order in the presence of the counsel for Mohit Petrochemicals Pvt. Ltd.
On the other hand, the defendant’s (Mohit Petrochemicals Pvt. Ltd.) counsel asserted that the company has taken sufficient measures and required steps in order to withdraw the infringing mark products. They also claimed that they have informed their agents and dealers in a written format regarding the withdrawal of the products which have the infringing mark on them from every market.