BOMBAY HIGH COURT GRANTED AD-INTERIM RELIEF TO PIDILITE INDUSTRIES FOR THE TRADEMARK AND LABEL OF ITS PRODUCT OF DR FIXIT

Bombay High Court - Justice GS Patel granted ad-interim relief to Pidilite Industries for the trademark and labels of its product of Dr Fixit. The Court further injuncted O-Chem Sealers Private Ltd into adopting labels and marks of Dr Fixit products. 

Plaintiff, Pidilite Industries Ltd is an extremely well-known manufacturer of waterproofing chemicals, construction bending chemicals and so on. Plaintiff has a range of products sold under various marks, LW+, LW, PIDILITE, URP, DR FIXIT, PIDIPROOF, FEVICOL, 
FEVISTIK, FEVIKWIK, D3, M-SEAL, etc. There is also a mark of a device of two opposing elephants pulling in opposite directions on a globe. Plaintiff has designed unique and notable 
storage can for its DR FIXIT range of products, including those that are sold under the LW/LW+ 
Registered marks.

In October 2020, Pidilite came to learn that O-Chem has been using its mark LWC in water-
proofing compound product. Plaintiff's objection is about how the Defendants have wrongfully used not only the LW, LW/LW+ labels, the URP mark but also tried to pirate the design-
protected DR FIXIT container. 

The Court also saw that there is a very strong prima facie case made out both in infringement and passing off for all three forms of intellectual property that the Plaintiff seeks to protect. 
 

Author: Papiha Ghoshal