Bombay High Court provides ad-interim relief to Pidlite in trademark infringement case against Fixo

Bombay High Court provides ad-interim relief to Pidlite in trademark infringement case against Fixo

Restrains the defendant from selling, manufacturing, and advertising the product

The Bombay High Court has granted ad-interim relief to Pidilite Industries Limited, the manufacturer of adhesive Fevi Kwik, in a trademark infringement case. The suit was initiated by Fevi Kwik against Fixo Industries, which manufactures the adhesive Fixo Kwik.

Pending the final disposal of the suit, the bench comprising Justice Manish Pitale has, meanwhile, restrained the defendant from infringing the plaintiff's registered mark by way of selling, manufacturing, trading, retailing, exporting, distributing, and advertising the product, Fixo Kwik.

The court observed that the mark used by the defendants was prima facie like the registered trademark of Pidilite and was bound to confuse the consumer.

The court held, "There is sufficient material placed on record to show that the mark allegedly being used by the defendants would have the tendency of causing confusion in the mind of a purchaser. The use of the word 'Kwik' and the sentence 'one drop instant adhesive', along with the image of a globe. create deception. There is a likelihood of a consumer being confused when the defendants' product is placed before him."

Pidilite told the court that the plaintiff came across the defendants' product in October 2021 and noticed that the mark 'Fixo Kwik' was deceptively like their own mark. Not only the placement of the words, but also the design on the packing was an imitation of the original packet of the plaintiff.

The company further claimed that Fixo's proprietor applied for the registration of the mark in 2013 and 2014. However, the applications were rejected by the concerned authorities. Despite that, the defendant blatantly used the counterfeit mark. This forced the plaintiff to approach the court.

Interestingly, the defendant, who the plaintiff claimed was the proprietor of Fixo, denied having anything to do with the mark. The defendant argued that in absence of any evidence to demonstrate a connection between her and the product, no ad-interim relief could be granted to the plaintiff.

However, observing that the mark was similar to the plaintiff's registered mark, the court found that a strong prima facie case was made out by the plaintiff for a grant of ad-interim relief. It restrained the defendant from using the registered trademark Fixo Kwik, pending the final disposal of the suit.