Like Products, Distinct Names and Identical Packaging – Whether Trademark Infringement? – Calcutta HC
The Calcutta High Court (“Cal HC”) in the case of Hindustan Unilever Limited v. Beeru Mishra ruled on whether selling like product with distinct name and similar packaging amount to infringement of trademark.
Hindustan Unilever Limited (“HUL”) has been manufacturing detergent powder (“Product”) since 1955, it sells its Product under the registered trademark “WHEEL” and “SURF” (“Trademarks”), which are extremely popular in the Indian market. Additionally, HUL is also the owner of a copyright bearing original artistic work, get up and lay out to market their Products bearing the Trademarks.
It was contended by HUL that Beeru Mishra had been manufacturing and selling the Product under the mark “AARO DETERGENT POWDER” in similar or identical packaging as that of HUL. Also, HUL contended that Beeru Mishra had adopted all the leading and essential features of HUL’s Product packaging/labels including the artistic work, get up and lay out of their Product.
Considering the evidence placed, the Cal HC was satisfied that there was an infringement of the copyright and Trademarks owned by HUL. The Cal HC ordered an interim injunction against Beeru Mishra, restraining him from using the copyright and Trademarks of HUL.
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This case addresses a serious issue with respect to intellectual property rights. Many manufacturers and sellers in the country sell counterfeit products of well-known brands in a packaging and name either identical or very similar to that of such brand. This problem is of serious nature as many consumers are deceived by such products and they end up buying products of a lower quality at a higher price. The Calcutta High Court has correctly allowed interim injunction against Beeru Mishra, this case is yet to be finally decided. However, this problem can only be addressed if courts place strict measures over such violations.
Disclaimer: This post has been prepared for informational purposes only. The information/or observations contained in this post does not constitute legal advice and should not be acted upon in any specific situation without seeking proper legal advice from a practicing attorney.