SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.

Page 1 Monday, July 11, 2022

Printed For: RONAK PATTANAIK, KIIT School of Law
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

Interim Application No. 1 of 2019

Pidilite Industries Limited v. E.C. Industry

2019 SCC OnLine Bom 12384

In the High Court of Bombay

(BEFORE S.C. GUPTE, J.)

Pidilite Industries Limited … Plaintiff;

Versus
E.C. Industry … Defendant.
Interim Application No. 1 of 2019, Commercial IP Suit No. 1295 of 2019 and
Leave Petition No. 452 of 2019
Decided on December 18, 2019
Advocates who appeared in this case :
Mr. Hiren Kamod with M/s. Khushboo Jhunjhunwala i/b M/s. Khaitan and Co. for the
Plaintiff/Applicant.
None for the Defendant.
The Judgment of the Court was delivered by
S.C. GUPTE, J.:— Further to the order dated 11 December 2019, the Plaintiff has
served the Interim Application along with the Leave Petition on the Defendant. The
Defendant does not appear or show cause. The leave petition is, accordingly, allowed
in terms of prayer clause -(a). Since the leave petition is allowed, the Plaintiff now
presses for relief in terms of infringement of registered design and passing off of
goods. There will be an ad-interim order in terms of prayer clauses -(c) and (d), which
are quoted below:
c. Pending the hearing and final disposal of the suit, the Defendants, its
directors, proprietors, partners, owners, servants, subordinates, representatives,
stockists, dealers, agents and all other persons claiming through or under them or
acting on their behalf or under their instructions be restrained by an order and
injunction of this Hon'ble Court from pirating or infringing the Plaintiff's copyrights
in the registered designs bearing nos. 212886 and 212887 in any manner and from
manufacturing, selling, dealing, offering to sell any products in the Impugned
Containers or any other containers or packaging materials or jars which are or
contain or have applied upon it the said registered design owned by the Plaintiff in
respect of the Distinctive LW+ Containers or any fraudulent or obvious imitation
thereof;
d. Pending the hearing and final disposal of the suit, the Defendants, its
directors, proprietors, partners, owners, servants, subordinates, representatives,
stockists, dealers, agents and all other persons claiming through or under them or
acting on their behalf or under their instructions be restrained by an order and
injunction of this Hon'ble Court from committing the tort of passing off in any
manner and from manufacturing, marketing, selling, advertising, offering to sell or
dealing in the Impugned Products or any similar goods or any other goods bearing
the impugned marks ECI L.W.C. or L.W.C. or ECI LW or the Impugned Labels or the
Impugned Containers any other mark/label identical with or similar to or comprising
of the LW/LW+ Registered Marks and/or the LW/LW+ Labels, of the Plaintiff or using
containers/jars similar to the Plaintiff's Distinctive LW+ Containers (including its
unique shape, configuration, contours, surface pattern and colour scheme).
 SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 2 Monday, July 11, 2022
Printed For: RONAK PATTANAIK, KIIT School of Law
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

2. This order along with the order passed on 11 December 2019 granting ad-interim
reliefs in terms of prayer clauses (a) and (b), shall operate as an order pending the
hearing and final disposal of the interim application.
3. Reply to the interim application to be filed within four weeks. Rejoinder, if any,
two weeks thereafter. The interim application to come up for hearing in due course.
———
Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.