In a noteworthy judgment, the Bombay Tall Court as of late forced a fine of ₹50 lakh on Chief Stationery Businesses Pvt. Ltd. and its related companies for damaging a past court arrange that ensured the "Fevicol MR" trademark, claimed by Pidilite Businesses. The case, Pidilite Businesses v. Head Stationery Businesses, highlights the significance of regarding mental property rights and the results of willful noncompliance to court orders.
Background of the Case
Pidilite Businesses, which possesses the well-known Fevicol brand, started legitimate activity against a stationery company for supposedly replicating Fevicol's unmistakable bundling and branding of its stick items. This company was afterward obtained by Chief Stationery. Taking after a assent understanding, the Bombay Tall Court issued a lasting order in favor of Pidilite on July 13, 2017, which denied the utilize of any comparative bundling.
In spite of this order, Chief Stationery continued the utilize of encroaching bundling in Admirable 2020, provoking Pidilite to look for disdain procedures against the company.
Premier Stationery argued that, since they had acquired the business after the initial ruling, they were not bound by the previous court orders.
Court's Rejection of Premier Stationery's Claims
Justice RI Chagla, presiding over the case, rejected Premier Stationery’s argument that they were not bound by the earlier consent orders. The Court emphasized that contempt proceedings have broader authority than mere execution of rights under a judgment. Justice Chagla found that Premier Stationery was aware of the court’s order and had acted in willful disobedience.
In his ruling, Justice Chagla stated:
“The Respondents have failed to offer any apology let alone an unconditional apology and which is evident from their lack of remorse or regret on their part for their wrongful acts and/or wilful disobedience of the Court's Orders. It is well settled that the Court ought not to allow its processes to be set at naught and/or breach of its Orders by parties such as the Respondents and strict action ought to be taken against the Respondents for their malafide conduct.”
The Court criticized Premier Stationery for their lack of remorse and failure to comply with prior orders, imposing the hefty fine to deter further infringement.
Legal and Financial Consequences
In addition to the ₹50 lakh fine, Premier Stationery was ordered to immediately cease using the infringing packaging and destroy any remaining stock. The Court also warned that continued non-compliance could lead to more severe legal consequences, including civil imprisonment.
Advocates Hiren Kamod, Nishad Nadkarni, Aasif Navodia, Khushboo Jhunjhunwala, Jaanvi Chopra, and Rakshita Singh from Khaitan and Co. represented Pidilite Industries in the matter, successfully securing the protection of the Fevicol trademark.
Conclusion
This decision upholds the importance of intellectual property rights in India and establishes a definitive precedent that companies cannot circumvent previous court judgments by purchasing or restructuring their business. The Bombay High Court's firm position in this matter maintains the integrity of its procedures and emphasizes to businesses the necessity of following legal guidelines.
TAGS: Bombay High Court Premier Stationery Fevicol trademark violation Pidilite Industries ₹50 lakh fine intellectual property rights contempt proceedings permanent injunction packaging infringement civil imprisonment.
