HINDUSTAN UNILEVER LIMITED Vs. GUDDU

JUDGEMENT

(1.) The Court : The Petitioner has acquired recognition and good reputation in manufacturing, marketing and sale of the various consumer products including cosmetics, toiletries, toilet soaps, washing soaps and detergent in the Fast Moving Consumer Goods Sector in the country. The Petitioner's product has acquired household name in such sector and are widely sold and distributed through out the country including the remote villages in the distinct corners of the country. The disinfectant soap is marketed under the brand name "Lifebuoy" and have been proven in the laboratories to provide cent percent effective germ protection than any other ordinary soaps. The disinfectant soap is a high quality product and can be differentiated from the other common soap with distinctive and unique colour combination of white and red used on the wrapper.

(2.) In the year 2004, the wrapper was redesigned and contains a happy smiling family of father, mother, daughter and son in the ring indicating the coverage of the family from the attack of germs. The trade brand "Lifebuoy" is put on the said wrapper within the oval shape design surrounded by a silver lining. The aforesaid artistic presentation with the colour combination of white and red with a happy smiling family achieved great recognition in FMCG (Fast Moving Consumer Goods) Sector and such artistic level and the work though created by an agency was specifically assigned in favour of the Petitioner and thus the Petitioner has acquired a right to use the wrapper for the said product. The distinctive colour combination of red and white particularly white letters on the background with the happy, smiling family augments the voluminous sales of the soap with its wide publicity both in urban as well as the rural areas of the country. Not only because of the quality but also the get up and trade dress distinguishes the product of the Petitioner from the other common soap. It is stated that the level / wrapper conveys an aura of pre-eminent excellence and qualifies for its distinction.

(3.) It is alleged that the Respondent is manufacturing, marketing and selling his product which is also a soap under the mark "New Liberty" in packets having trade design, graphics and colour scheme similar to the label and trade mark of the Petitioner's product. The infringing goods on mere comparison both of the label / packets and the soap bar inside the wrapper would indicate an identical colour scheme and the artistic work. The mark "New Liberty" is printed in two parts. The word 'New' is on the outer edge of the oval shape which is in red and contain the word 'Liberty' in white surrounded by a blue colour lining.