HINDUSTAN UNILEVER LIMITED Vs. TRILOK SHARMA

JUDGEMENT

(1.) This is an interlocutory application in aid of the reliefs claimed in a suit of infringement of plaintiff's 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.) Mr. Arunabha Deb appearing on behalf of the petitioner submits that in the month of July 2018 in course of a market survey and investigation carried out by the petitioner in Islampura, Morena Madhya Pradesh, it was found that the respondent was manufacturing, selling and distributing detergent soap under the mark "SURAJ" in packets having trade design, graphics 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.

(3.) The packet of the product "ACTIVE WHEEL" of the petitioner and the infringing wrapper of the defendant, namely "SURAJ" are produced before this Court.