Reckitt Benckiser India Private Limited v. Sharad Jagat Pal Shrivastav

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff-Reckitt Benckiser (India) Private Limited, seeking permanent injunction as also reliefs for infringement of trademark, copyright, passing off, and account of profits, against the misuse of its trademark ‘HARPIC’, essential features of ‘HARPIC’ labels and the shape of the ‘HARPIC’ bottles, by the Defendant. The case of the Plaintiff is that the Plaintiff’s product is sold under the mark ‘HARPIC’, which is sold in unique blue containers with red caps and red containers with white caps, both with a distinctive label, shape and trade dress. The said trade dress of the two products are depicted hereinbelow: 2022:DHC:1237

3. As per the plaint, the Blue and Red ‘HARPIC’ products which are used as toilet cleaners and bathroom cleaners, are products which are market leaders in their respective categories. The Plaintiff’s trademark ‘HARPIC’ is stated to have been adopted internationally in 1920 and is registered in over 150 jurisdictions. The trademark ‘HARPIC’ is in use in India applied to a distinctive bottle since 1984. ‘HARPIC’ and its formative marks, its label, device, and bottle shape have also been registered in India as trade marks, in various classes including in Classes 3 and 5. The Blue and Red HARPIC bottles have various distinctive features such as: i. The shape of the bottles; ii. The color of the bottles; and iii. The labels which are affixed thereon.

4. All these elements together constitute distinctive marks as also trade dress of the Plaintif; the same are referred to herein as ‘Blue HARPIC Bottles’ and ‘Red HARPIC Bottles’, for ready reference. The plaint has explained how, since launch, these products have evolved and have undergone some changes. The sale figures of ‘HARPIC’ since 2015 have also been placed on record, which shows that the sales in the year 2019- 2020 were more than Rs.900 crores and the advertising expenses for the said years are over Rs.100 crores. The market share of the Plaintiff, as of June 30, 2021, is stated to be 77.2%.

5. Mr. Wadhwa, ld. Counsel appearing for the Plaintiff, submits that the Plaintiff has also taken several successful actions protecting these marks, trade dress, and its intellectual property in the ‘HARPIC’ products. The Plaintiff has obtained injunctions against third parties, for instance, in:

┌───────────────────────────────────────────────────────────────────────────────┐
│ Sl.       Suit Title             Order                    Particulars         │
│ No.                                                                           │
├───────────────────────────────────────────────────────────────────────────────┤
│  1.    Reckitt             CS(Comm)        The Defendant undertook to         │
│        Benckiser India     122/2019,       not use the identical or similar   │
└───────────────────────────────────────────────────────────────────────────────┘

17. Accordingly, the suit is decreed for a sum of Rs.13,50,000/-. The Defendant shall pay the said amount within eight weeks, failing which, the Plaintiff is permitted to commence execution proceedings against the Defendant. All applications are disposed of in the above terms. The decree sheet be drawn up accordingly.

PRATHIBA M. SINGH JUDGE APRIL 5, 2022/aman/MS