The Bombay High Court recently restrained two companies from infringing the copyrighted packaging and label of the product ‘Rangeela’ Holi colours' manufactured by Pidilite Industries [Pidilite Industries Ltd v. Radha KishanBishan Dass Ran Rasayan Pvt Ltd]Single-judge Bharati Dangre passed the restraining order against Craft Vatika and Bansal Handicrafts after Pidilite moved the Court alleging copyright infringement by four companies.The Court in its order issued the following directions:
Companies, their distributors, sellers and others connected are restrained from infringing Pidilite’s copyright packaging or labels by using the same for packaging of its own products;
They are directed to file an affidavit indicating the details of the amount of stock manufactured and sold by them for the last one year.
The order was passed after advocate Hiren Kamod, appearing for Pidilite, sought an order of permanent injunction against the companies. It filed an interim application on March 16 seeking urgent reliefsAdvocate Yatin Kochare appearing for the two companies made a statement that they would not directly make its allegedly infringing products available in market.They also assured that they would ask their sellers and distributors to immediately take down or desist from offering the products for sale.The Court recorded the same in its order.“Consensus is arrived, at this point of time, particularly when the product being colour, to be used during the upcoming holi celebration on Sunday and Monday and as it is well known that the consumption of this product on large scale is only on the festivity of Holi,” the Court recorded in its order.Since the remaining two companies were not represented in Court, Justice Dangre passed the temporary restraining order.The matter will be heard again on April 25.Advocates Hiren Kamod along with advocates Nishad Nadkarni, Khushboo Jhunjhunwala, Aasif Navodia, Rakshita Singh and Jaanvi Chopra briefed by Khaitan and Co. appeared for Pidilite.Advocate Yatin Kochare along with advocate Prabhakar Jadhav for two defendant companies.
TAGS: Bombay High Court Pidilite Industries Copyright infringement Rangeela Holi colours
