HINDUSTAN LEVER LTD Vs. SATISH KUMAR

JUDGEMENT

(1.) The present suit has been filed for permanent injunction restraining the infringement of trademarks, copyright, passing of, mense profits, damages and delivery up, etc. against the defendant alleging that he is engaged in counterfeiting of fast moving consumer goods (hereinafter referred to as the FMCG) such as shampoos and creams bearing the marks of the plaintiffs. Plaintiff No.1, i.e. Hindustan Unilever Limited?s (formerly known as Hindustan Lever Limited) brands are used in India for a variety of goods including SUNILK, CLINIC PLUS for shampoos; FAIR & LOVELY, PONDS/PONDS DREAM FLOWER, LAKME, ELLE 18, VASELINE, REXONA, AVIANCE and DENIM for cosmetics and toiletries. The details of the relevant registrations for the purpose of this Suit are as indicated below: <FRM>JUDGEMENT_1586_ILRDLH22_2012_1.html</FRM>

(2.) Plaintiff No.1, further states that it is responsible for the product formulation (including testing, research and strategy) as well as for packaging, labeling and advertising, promotion and pricing. All the sub-contractors and agents involved in the manufacturing and marketing of its products are directly or indirectly under its control and supervision so that there is a constant interaction between consumer feedback through such agents and plaintiff No.1.

(3.) It is stated that Plaintiff No.2 i.e. P & G is a subsidiary of Procter & Gamble Company of USA, which was incorporated in the year 1890. It owns 65% stake in the Indian Company and has been engaged in the business as manufacturers and merchants, inter alia, of perfumery, cosmetics, toilet preparations and goods, essential oils, anti-perspirants, dentrifice. Plaintiff No.2 is licensed by its parent company under Trade Mark License Agreement dated 14.03.2000 to use the trademarks owned by the latter in India. These include well-known brands such as ARIEL, TIDE, HEAD & SHOULDERS, PANTENE PRO-V, REJOICE, WHISPER etc. P&G markets several leading brands including the VICKS range of cough and cold medicines.