Log in
E-mail
Password
Show password
Remember
Forgot password ?
Become a member for free
Sign up
Sign up
New member
Sign up for FREE
New customer
Discover our services
Settings
Settings
Dynamic quotes 
OFFON
  1. Homepage
  2. Equities
  3. India
  4. Bombay Stock Exchange
  5. Pidilite Industries Limited
  6. News
  7. Summary
    500331   INE318A01026

PIDILITE INDUSTRIES LIMITED

(500331)
  Report
SummaryChartsNewsRatingsCalendarCompanyFinancialsConsensusRevisions 
SummaryMost relevantAll NewsOther languagesPress ReleasesOfficial PublicationsSector news

Exercise Diligence And Show Bonafide Before Fixing Third Party Marks: Bombay High Court

07/01/2021 | 06:12am EDT

On June 16, 2021, the Bombay High Court, in Pidilite Industries Ltd. vs. Q-Chem Sealers Pvt Ltd., ordered Q-Chem Sealers Pvt Ltd. (Defendant) to stop using the marks LWC, URP, labels bearing these marks and unique design of DR FIXIT containers. 

Pidilite Industries Ltd. ("Plaintiff") is a well-known manufacturer of water proofing chemicals, construction, bending chemicals, paint chemicals, adhesives, sealants, etc. since 1969 and sells a range of such goods under various marks, including, LW+, LW, URP, DR. FIXIT. The Plaintiff alleged that the Defendant is using, without authorization, the LW, URP marks and LW/LW+ labels. The Plaintiff also alleged that the Defendant has attempted to pirate the design of the DR. FIXIT container shown below.

1086604a.jpg

The Court noted that the DR. FIXIT container has a visual appeal, and its distinctive shape is not functional. Further, the Court observed that container has elevated ridges or grooves on both sides. There is a unique yellow handle for the DR FIXIT products with a yellow cap. For the URP products the handle and cap are in orange. As per the Court, these colour combinations are distinctive. The Court also took note of the Plaintiff's registrations for the marks LW+, LW and URP and the substantial sales of products sold under the marks.

The Court referred to the table of comparison for the rival parties' marks, labels and designs of the containers set out below:

1086604b.jpg

As per the Court, even prima facie there is no meaningful distinction between the design of the Defendant's container and the Plaintiff's DR. FIXIT container. Accordingly, the question of the Defendant's bonafides in adopting the above marks and the labels looms large and speaks volume about the trade mark and copyright violations.

The Court was of the view that the Defendant's container bore the mark LWC which was deceptively similar to the Plaintiff's LW/LW+ marks. The container also bore a label that was a substantial reproduction and an impermissible, colourable imitation of the Plaintiff's LW/LW+ labels and the artistic works in those labels. Moreover, a substantially similar blue, white and yellow colour scheme, layout and distinctive lettering was used. Then there was another product that bore mark URP/URP-SBR, which was undoubtedly deceptively similar to the Plaintiff's URP mark. Most strikingly, the Court noted that the Defendant was using storage cans that were clearly a colourable imitation of, and deceptively similar to, the Plaintiff's DR. FIXIT containers: an identical shape, shoulders, ridges on the side, cap and surface patterns.

Based on the aforesaid analysis and comparison, the Court concluded that it is not inconceivable that the Defendant lacked bonafides. Hence, the Court held that there is a very strong prima facie case on infringement and passing-off grounds for all three forms of intellectual property that the Plaintiff seeks to protect viz., trademark, copyright and design. Accordingly, the Court granted an ad-interim order restraining the Defendant from dealing in the similar/identical goods bearing the marks and labels identical/similar to the Plaintiff's marks and labels and the shape/design of the containers similar to the Plaintiff's distinctive DR. FIXIT containers.

Citation: Pidilite Industries Ltd vs. Q-Chem Sealers Pvt Ltd  (COMMERCIAL IP SUIT (L) NO. 11236 OF 2021), decision dt. June 16, 2021 by Bombay High Court.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mr Anand Kumar
Sujata Chaudhri IP Attorneys
2106 Express Trade Towers 2, First Floor
B-36,Sector 132, Expressway, Noida
Uttar Pradesh
201301
INDIA
Tel: 886013 0723
E-mail: sujata@sc-ip.in
URL: www.sc-ip.in

© Mondaq Ltd, 2021 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com, source Business Briefing

All news about PIDILITE INDUSTRIES LIMITED
09/09Homevista Decor & Furnishing Private Limited announced that it has received INR 3.71 bi..
CI
08/20Pidilite Industries Limited Approves Dividend for the Year Ended 31 March 2021
CI
08/18Pidilite Industries Limited Announces Resignation of Puneet Bansal as Company Secretary..
CI
08/11PIDILITE INDUSTRIES' : Consolidated Profit Soars in Fiscal Q1
MT
08/11Pidilite Industries Limited Announces Re-Designation of AB Parekh to Executive Vice Cha..
CI
08/11Pidilite Industries Limited Reports Earnings Results for the First Quarter Ended June 3..
CI
07/27PIDILITE INDUSTRIES LIMITED : Ex-dividend day for final dividend
FA
07/16PIDILITE INDUSTRIES : Appoints New Deputy Managing Director
MT
07/15Pidilite Industries Ltd. Appoints Sudhanshu Vats as Deputy Managing Director, Effective..
CI
07/05Pidilite Industries Limited Recommends Dividend for the Financial Year Ended 31 March 2..
CI
More news
Financials
Sales 2022 90 861 M 1 230 M 1 230 M
Net income 2022 13 564 M 184 M 184 M
Net cash 2022 6 254 M 84,7 M 84,7 M
P/E ratio 2022 91,9x
Yield 2022 0,40%
Capitalization 1 222 B 16 552 M 16 550 M
EV / Sales 2022 13,4x
EV / Sales 2023 11,7x
Nbr of Employees 6 376
Free-Float 21,6%
Chart PIDILITE INDUSTRIES LIMITED
Duration : Period :
Pidilite Industries Limited Technical Analysis Chart | MarketScreener
Full-screen chart
Technical analysis trends PIDILITE INDUSTRIES LIMITED
Short TermMid-TermLong Term
TrendsBullishBullishBullish
Income Statement Evolution
Consensus
Sell
Buy
Mean consensus HOLD
Number of Analysts 20
Last Close Price 2 405,50 INR
Average target price 2 072,75 INR
Spread / Average Target -13,8%
EPS Revisions
Managers and Directors
Bharat Tilakraj Puri CEO, Managing Director & Director
Pradip Kumar Menon Chief Financial Officer
Madhukar Balvantray Parekh Executive Chairman
Mayur Danait Chief Information Officer
Anubhav Saxena President-Research & Development
Sector and Competitors
1st jan.Capi. (M$)
PIDILITE INDUSTRIES LIMITED36.22%16 881
SHIN-ETSU CHEMICAL CO., LTD.12.78%76 987
BASF SE0.00%68 606
ROYAL DSM N.V.28.91%36 244
DUPONT DE NEMOURS, INC.-1.41%35 699
ASAHI KASEI CORPORATION17.69%15 503