HINDUSTAN UNILEVER LIMITED Vs. SATISH KUMAR

JUDGEMENT

(1.) The Court : In a suit for infringement of copyright the petitioner company, as the plaintiff has filed this application praying for various interim relief against the respondent, the defendant in the suit

(2.) The petitioner company carries on the business of manufacturing, marketing and sale of various toilet soaps, washing soaps and detergents in respect of which it claims to be the market leader in the country. In or about 1955 the petitioner company adopted and commenced use of the trade mark "WHEEL" in relation to detergent powder in India. Apart from "WHEEL" the petitioner also launched another premium version of the WHEEL brand, known as "WHEEL BLUE" also known as "ACTIVE WHEEL". The said mark "ACTIVE WHEEL" was launched with a re- formulation and new packaging. The label bears original artistic work, get up and layout containing the swirl device and prominent display of lemons along with white jasmine flower covering the border of label with trade mark "ACTIVE WHEEL" appearing on the centre of the label and Device of Wheel on the lower right hand end of the label. It is stressed that the flowers and lemons and the placement thereof and the white burst at the centre of the said label/packaging are the essential features of the artistic work comprised in the said label/packaging and are the distinctive to their product "ACTIVE WHEEL". The petitioner company is the owner of the copyright vested in the artistic work of the said "ACTIVE WHEEL" label/packaging and no one can copy the same without express permission or consent of the petitioner company.

(3.) The petitioner is the owner of the both registered trade marks "WHEEL" and "ACTIVE WHEEL" and possesses rights in the trade dress and the overall get up of the label/packaging "WHEEL" and "ACTIVE WHEEL" products. The petitioner has disclosed the copies of the labels/ packaging to demonstrate the packaging design and get up for their product "ACTIVE WHEEL". The petitioner further claims that their product "ACTIVE WHEEL" sold in labels/packaging in which they own the copy right and the trade mark "ACTIVE WHEEL" of which they are the registered proprietor which includes the distinctive style and colour scheme and getup of their labels and packets has become a household name and come to be identified in the trade and the general public as signifying the product of the petitioner which have acquired substantial reputation and have extensive sales throughout India. The petitioner has also given the figures of their all India annual sale of the product of the petitioner company with the trademark "ACTIVE WHEEL".