HINDUSTAN UNILEVER LIMITED Vs. SHIV SHANKER KARAR

JUDGEMENT

(1.) This is an interlocutory application in aid of a suit complaining of infringement of plaintiff's trade mark and copyright. The plaintiff claims to be the registered proprietor of the trade mark "WHEEL", "ACTIVE WHEEL" as also the art work as displayed in the packing consisting of a combination of colours, the getup, style and colour scheme whereof are distinctive of the products of the petitioner. It is stated that the packet in which the detergent power "ACTIVE WHEEL" is sold and distributed throughout India has a distinctive style, getup and colour scheme and a large quantity of such detergent soap/powder has been sold in India in the said labels/packets by reason whereof the said mark has become very well-known and has become distinctive of the detergent powder of the petitioner. The detergent powder of the petitioner sold under the trade mark "ACTIVE WHEEL" has acquired a substantial reputation and goodwill in the market. The petitioner has also given the figures of the All India annual sale of products of the petitioner company with trade mark "WHEEL" word/brand along with sub-brand "ACTIVE WHEEL" and expenses incurred in advertising of these brand detergents.

(2.) Arunabha Deb appearing on behalf of the petitioner submits that in the month of August 2017 in course of a market survey and investigation carried out by the petitioner in Patna, it was found that the respondent was manufacturing, selling and distributing detergent soap under the marks "4G ACTIVE" and "ADVANCE WHITE" in packets having trade design, graphi and a colour scheme similar if not identical to the label and the trade mark in which the petitioner's product "ACTIVE WHEEL" is sold and distributed in India. It is submitted that respondent is selling and distributing its product under the mark "4G ACTIVE" in packaging / labels of two variants.

(3.) The packet of the product "ACTIVE WHEEL" of the petitioner and the infringing wrappers of the defendant, namely "4G ACTIVE" and "ADVANCE WHITE" are produced before this Court.