Bombay HC granted ad-interim relief to Pidilite Industries Ltd in a trademark infringement case

Case: Pidilite Industries Ltd. vs Fixo Industries and Anr.

In a trademark infringement suit initiated by Pidilite Industries Ltd. against Fixo Industries, which manufactures adhesive Fixo Kwik, the Bombay High Court granted ad-interim relief to Pidilite Industries Ltd., manufacturer of adhesive Fevi Kwik.

Based on an examination of the names of the two products, Justice Manish Pitale observed that the mark used by the defendants was likely to confuse consumers with Pidilite's registered trademark.

Advocate Hiren Kamod, appearing on behalf of Pidilite, informed that on October 2021, the plaintiff came across the defendants' product and noticed that their mark 'Fixo Kwik' was deceptively similar to the plaintiff's mark. He further claimed that not only the placement of the words but also the design of the packet was an imitation of the plaintiff's original packet.

Further, kamod argued that Fixo's trademark registration was rejected in 2013 and 2014. Despite the rejection, the defendants continued to use the counterfeit mark blatantly.

The defendant denied the claims and stated that she had nothing to do with the company. 

Held

Observing that the mark was similar to the plaintiff's registered mark, the court determined that the plaintiff had made a strong prima facie case for ad-interim relief. The court ordered the defendant not to sell, manufacture, trade, retail, export, distribute, or advertise Fixo Kwik until the lawsuit was settled.