1. The petitioner is a globally renowned multinational company and is
engaged in the manufacture, packaging, sale and distribution of various
health and hygiene products under different brands i.e., DETTOL, HARPIC,
VEET, LIZOL, DISPRIN, DUREX, MORTEIN.
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2. This suit has been filed in respect of the registered trademark “HARPIC”
including the “HARPIC” bottle shape and cap. The petitioner complains of
infringement under the Trademarks Act, 1999 (the Act) and passing off.
3. The petitioner through its affiliate, has been selling “HARPIC” since 1920. In
or about 1979, the petitioner obtained registration for the word mark
“HARPIC” in India in Class 3. Thereafter, in 1984, the petitioner launched
its product “HARPIC” in India and commenced using the HARPIC bottle
shape and trade dress. In 2002, the petitioner obtained a design
registration bearing no. 191291 for “HARPIC” toilet cleaner bottle.
Admittedly, the statutory protection granted to the petitioner under the
Designs Act, 2000 has expired. However, the petitioner continues to enjoy
registrations under the Act. At this ad interim stage, it is submitted on
behalf of the petitioner that they are not pressing for any relief on account
of passing off and only limit their case to infringement under the Act.
