Reckitt And Colman Overseas Hygiene … vs Mr. Akash Arora Trading As M/S Grand … on 28 March, 2026

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    Delhi High Court

    Reckitt And Colman Overseas Hygiene … vs Mr. Akash Arora Trading As M/S Grand … on 28 March, 2026

                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              %                                     Judgment delivered on: 28.03.2026
    
                              +     CS(COMM) 1052/2024 & 5358/2025
    
                                    RECKITT AND COLMAN OVERSEAS HYGIENCE HOME
                                    LIMITED & ORS.                  .....Plaintiffs
    
                                                         versus
    
                                    MR. AKASH ARORA TRADING AS M/S GRAND CHEMICAL
                                    WORKS.                            ....Defendant
    
                                    Advocates who appeared in this case
    
                                    For the Plaintiffs      : Mr. Chander M. Lall, Senior Advocate with
                                                              Ms. Nancy Roy, Ms. Prakriti Varshney and
                                                              Ms. Annanya Mehan, Advocates.
    
                                    For the Defendant       : Mr. Darpan Wadhwa, Senior Advocate with
                                                              Mr. Sudeep Chatterjee, Mr. Rohan Swarup,
                                                              Ms. Tanya Arora, Mr. Rajit Ghosh and Ms.
                                                              Aastha Verma, Advocates.
    
                                    CORAM:
                                    HON'BLE MR. JUSTICE TEJAS KARIA
    
                                                              JUDGMENT
    

    TEJAS KARIA, J
    I.A. 46336/2024 (U/O XXXIX R-1 & 2 of Code of Civil Procedure, 1908)

    1. This is an Application under Order XXXIX Rules 1 and 2 of the Code
    of Civil Procedure
    , restraining the infringement of Trade Marks, passing off,
    infringement of Design and infringement of Copyright.

    SPONSORED

    Signature Not Verified CS(COMM) 1052/2024 Page 1 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50

    2. The present dispute concerns the infringement of the Trade Marks,
    Trade Dress and Bottle Designs of the toilet cleaner sold by the Plaintiffs
    under the Mark ‘HARPIC’, glass and house cleaner under the Mark ‘COLIN’
    and disinfectants under the Mark ‘LIZOL’ (“Plaintiffs’ Products”). The
    Plaintiffs use distinctive Trade Dresses for sale of the Plaintiffs’ Products

    under the Marks, ‘HARPIC’ ‘ ‘, ‘COLIN’ ‘ ‘

    ‘LIZOL’ ‘ ‘ (“Plaintiffs’ Trade Dresses”).

    SUBMISSIONS ON BEHALF OF THE PLAINTIFFS:

    3. The learned Senior Counsel for the Plaintiffs made the following
    submissions:

    3.1. Plaintiff No. 1 is an internationally renowned transnational corporation
    based out of the United Kingdom. Plaintiff No. 1 is a subsidiary of
    Reckitt Benckiser Group Plc which has operations in almost all
    countries across the world, including India for many decades. Plaintiff

    Signature Not Verified CS(COMM) 1052/2024 Page 2 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    No. 2 is an existing company incorporated under the laws of India and
    is engaged in the manufacture, packaging, sale and distribution of
    various health and hygiene products. Plaintiff No. 2 was incorporated
    on 05.07.1951. Pursuant to a worldwide merger between Reckitt
    Colman Plc and Benckiser, a Dutch Company in 1999, the name of
    Plaintiff No. 2 was changed from Reckitt & Colman India Limited to
    Reckitt Benckiser (India) Limited on 18.12.2000.
    3.2. Plaintiff No. 3 is a limited liability company incorporated under the
    laws of United States of America and is a part of the Plaintiffs’ group
    of companies with operations in almost all countries across the world,
    including in India for many decades. Reckitt Benckiser Group Plc. is
    an internationally renowned transnational corporation based out of the
    UK and through its subsidiaries and affiliate companies, operates in
    several countries around the world and has operations in many
    countries across the world, including in India, for decades. The business
    of the Plaintiffs comprises various consumer products including
    pharmaceuticals, surface care products, toilet care products,
    insecticides, and food.

    3.3. The Plaintiffs have been using the Mark ‘HARPIC’ in India since as
    early as 1984 and launched toilet cleaners under the Trade Mark
    ‘HARPIC’ in India in the year 2001. The Mark, ‘HARPIC’ is a
    household name in the category of toilet cleaners and is the most widely
    used toilet cleaner brand in the country. The Plaintiffs have obtained
    registrations for the Mark ‘HARPIC’, the details of which are as
    follows:

    Signature Not Verified CS(COMM) 1052/2024 Page 3 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50

                               Trade Mark           Class   Regn. No.      Date of
                                                                          Regn.
                              HARPIC               3       347055         15.03.1979
                              HARPIC               3       370317         30.12.1980
                                                   3       2030556        29.09.2010
    
    
    
    
                              HARPIC POWER PLUS    5       1473986        28.07.2006
                                                   3       723898         18.06.1996
    
    
    
    
                              HARPIC POWER PLUS    3       1473987        28.07.2006
                                                   3       3103622        23.11.2015
    
    
    
    
                                                   3       3491010        22.02.2017
    
    
    
    
    Signature Not Verified    CS(COMM) 1052/2024                       Page 4 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
                                                    5   3491007      22.02.2017
    
    
    
    
                                                   3   3491009      22.02.2017
    
    
    
    
                                                   5   3491006      22.02.2017
    
    
    
    
                                                   5   3491008      22.02.2017
    
    
    
    
    Signature Not Verified    CS(COMM) 1052/2024                 Page 5 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
                                                    3           3103620         23/11/2015
    
    
    
    
                                                   3           3103621         23/11/2015
    
    
    
    
                              Trade Mark               Class    Regn. No.        Date of
                                                                                  Regn.
                                                        3       2485315         26.02.2013
    
    
    
    
                                                        3       5162927         06.10.2021
    
    
    
    
                                                        3       5145239         23.09.2021
    
    
    
    
    Signature Not Verified    CS(COMM) 1052/2024                            Page 6 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
                                                                             3         5237623       07.12.2021
    
    
    
    
                                                                           99         5162928       06.10.2021
    
    
    
    
    

    3.4. The Plaintiffs’ Products under the Mark ‘HARPIC’ are identified not
    only by the Mark ‘HARPIC’ but the Trade Dress for the aforesaid
    products also act as a source identifier of the ‘HARPIC’ branded toilet
    cleaners. A representation of the Plaintiffs’ Products under the Mark,
    ‘HARPIC’ is as under:

    Signature Not Verified CS(COMM) 1052/2024 Page 7 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50

    3.5. The shape of the bottle and bottle cap, features and indentations on the
    bottle shape, curved pattern on the bottle shape, the distinctive style of
    writing ‘HARPIC’, colour scheme used in the packaging and the
    features and devices on the labels collectively form the Trade Dress for
    the Plaintiffs’ Products under the Mark, ‘HARPIC’. Over the years the
    shape of the Harpic bottle has remained consistent, although minor
    modifications have been incorporated whilst retaining the original
    distinctive shape. Consumers associate the shape of the Harpic bottle
    exclusively with the Plaintiffs’ Products under the Mark ‘HARPIC’.
    3.6. The Plaintiffs have invested an enormous amount of money towards
    protection, promotion and advertisement of the products under the
    Mark, ‘HARPIC’. It is common knowledge that the advertisements and
    promotion of the Trade Dress bearing the Mark, ‘HARPIC’ has been
    undertaken via all possible media including radio, television,
    electronic, print as well as over the internet by the Plaintiffs. Owing to
    such expansive advertisement and promotional activities undertaken by
    the Plaintiffs, the Plaintiffs’ Products under the Mark, ‘HARPIC’, have
    acquired immense reputation and goodwill worldwide which is evident
    by the enormous revenue earned by the Plaintiffs by dealing with toilet
    cleaners under the Mark, ‘HARPIC’, which is as under:

                                                    Year        Net Revenue (Rs. Cr.) for
                                                                HARPIC Toilet Cleaner
                                                    2023                1279.4
                                                    2022                1149.5
                                                    2021                 992.7
                                                    2020                 951.5
                                                    2019                 925.5
    
    
    
    
    Signature Not Verified    CS(COMM) 1052/2024                                                 Page 8 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    

    3.7. The Mark, ‘HARPIC’, and the Trade Dress for the Plaintiffs’ Products
    under the Mark, ‘HARPIC’ are universally recognized and relied upon
    as identifying the Plaintiffs as the sole source of the goods and as
    distinguishing the Plaintiffs’ Products from the products of others. As a
    result, the Mark, ‘HARPIC’ and the Trade Dress for the Plaintiffs’
    Products under the Mark, ‘HARPIC’ have acquired substantial
    goodwill and are extremely valuable commercial assets in the hands of
    the Plaintiffs.

    3.8. The Plaintiffs had further obtained registration of the Design for the
    bottle used for the Plaintiffs’ Products under the Mark ‘HARPIC’ under
    Design Registration No. 184080 on 29.11.2000 and the Plaintiffs
    further launched a modified variant of the same bottle shape and
    obtained a Design registration for the same under Design Registration
    No. 191291 dated 15.08.2002 (“Plaintiffs’ Design Registrations”).

    While the Plaintiffs’ Design Registrations have expired, owing to long
    and extensive use, the Plaintiffs have residual goodwill in the bottle
    shapes used for the Plaintiffs’ Products under the Mark ‘HARPIC’.
    3.9. The Plaintiffs are further dealing with glass and household cleaning
    products under the Mark, ‘COLIN’ since the year 1998. The Plaintiffs
    have obtained Trade Mark registrations for the Mark, ‘COLIN’, the
    details of which are as under:

    Trade Mark Registration Date of Registration Class
    Number
    COLIN 414910 22/12/1983 3

    Signature Not Verified CS(COMM) 1052/2024 Page 9 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    2442863 14/12/2012 3

    3.10. The shape of the bottles and bottle cap, features and indentations on the
    bottle neck, the distinctive style of writing ‘COLIN’, colour scheme
    used in the packaging labels and the features and devices on the labels
    collectively form the Trade Dress for the Plaintiffs’ Products under the
    Mark, ‘COLIN’. The Trade Dress used for Plaintiffs’ Products under
    the Mark, ‘COLIN’ and the shape of the bottles of the aforesaid
    products also constitute the source identifier of the Plaintiffs’ Products
    under the Mark, ‘COLIN’. A representation of the Plaintiffs’ Products
    under the Mark, ‘COLIN’ is as under:

    3.11. The Plaintiffs have invested an enormous amount of money towards
    protection, promotion and advertisement of the products under the
    Mark, ‘COLIN’ and the Trade Dress for the Plaintiffs’ Products under
    the Mark, ‘COLIN’. It is common knowledge that the advertisements
    and promotion of the Plaintiffs’ Products bearing the Mark, ‘COLIN’
    has been undertaken via all possible media including radio, television,
    electronic, print as well as over the internet by the Plaintiffs. Owing to

    Signature Not Verified CS(COMM) 1052/2024 Page 10 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    such expansive advertisement and promotional activities undertaken
    by the Plaintiffs, the products under the Mark, ‘COLIN’, have
    acquired immense reputation and goodwill worldwide which is
    evident by the enormous revenue earned by the Plaintiffs by dealing
    with glass and home cleaners under the Mark, ‘COLIN’, which is as
    under:

                                                     Year        Net Revenue (Rs. Cr.)
                                                     2023                225
                                                     2022               195.5
                                                     2021               194.8
                                                     2020               148.3
                                                     2019               156.9
    
    
    

    3.12. The Plaintiffs are further dealing with disinfectants under the Mark,
    ‘LIZOL’ in India since 1996. The Plaintiffs have obtained Trade Mark
    registrations for the Mark, ‘LIZOL’, the details of which are as under:

                                        Trade Mark      Registration        Date of         Class
                                                         Number           registration
                                          LIZOL           754107           30.01.1997         3
                                                          837708           21.01.1999         3
    
    
    
                                                            4056357       14.01.2019          3
    
    
                                                            4621562       24.08.2020          3
    
    
    
                                          LIZOL             4621563       24.08.2020          3
                                          LIZOL              754108       30.01.1997          5
                                          LIZOL             4621557       24.08.2020          5
    
    
    Signature Not Verified    CS(COMM) 1052/2024                                               Page 11 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
                                                            837709          21.01.1999          5
    
    
                                                          4056358          14.01.2019          5
    
    
    
                                                          4621555          24.08.2020          5
    
    
    
    
                                                          4621559          24.08.2020         21
    
    
    
                                                          4621560          24.08.2020          3
    
    
    
    
    

    3.13. The shape of the bottles and bottle cap, features and indentations on
    the bottle neck, the distinctive style of writing ‘LIZOL’, colour scheme
    used in the packaging labels and the features and devices on the labels
    collectively form the Trade Dress for the Plaintiffs’ Products under the
    Mark, ‘LIZOL’. The Trade Dress used for the Plaintiffs’ Products
    under the Mark, ‘LIZOL’ also constitute as the source identifier of the
    Plaintiffs’ Products under the Mark, ‘LIZOL’. A representation of the
    Plaintiffs’ Products under the Mark, ‘LIZOL’ is as under:

    Signature Not Verified CS(COMM) 1052/2024 Page 12 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    Signature Not Verified CS(COMM) 1052/2024 Page 13 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50

    3.14. The Plaintiffs have invested an enormous amount of money towards
    protection, promotion and advertisement of the products under the Mark,
    ‘LIZOL’. It is common knowledge that the advertisements and
    promotion of the Plaintiffs’ Products bearing the Mark, ‘LIZOL’ has been
    undertaken via all possible media including radio, television, electronic,
    print as well as over the internet by the Plaintiffs. Owing to such
    expansive advertisement and promotional activities undertaken by the
    Plaintiffs, the products under the Mark, ‘LIZOL’, have acquired
    immense reputation and goodwill worldwide which is evident by the
    enormous revenue earned by the Plaintiffs by dealing with toilet cleaners
    under the Mark, ‘LIZOL’, which is as under:

                                                     Year         Net Revenue (Rs. Cr.)
                                                     2023                761.3
                                                     2022                708.1
                                                     2021                664.1
                                                     2020                714.8
                                                     2019                608.7
    
    
    

    3.15. The Defendant, Mr. Akash Arora, is the proprietor of Grand Chemical
    Works having its registered address at Grand House, C-212/2,

    Signature Not Verified CS(COMM) 1052/2024 Page 14 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    Mayapuri Industrial Area, Phase-II, New Delhi-110064, India, and is
    engaged in manufacturing, packaging / labelling, wholesaling,
    retailing, marketing, supplying, distributing, exporting / importing,
    using and / or dealing with toilet cleaners ‘

    ‘, glass cleaners, ‘ ‘

    and disinfectants, ‘ ‘ under the Mark, ‘GAINDA’
    (“Defendant’s Products”).

    3.16. The Defendant’s toilet cleaner product is being sold in Trade Dress
    which is identical and / or deceptively similar to the Trade Dress for
    the Plaintiffs’ Product under the Mark, ‘HARPIC’, the Defendant’s
    glass cleaner product is being sold in a Trade Dress which is identical
    and / or deceptively similar to the Trade Dress for the Plaintiffs’
    Products under the Mark, ‘COLIN’ and the Defendant’s surface
    cleaner product is being sold in a Trade Dress which is identical and /
    or deceptively similar to the Trade Dress for the Plaintiffs’ Products
    under the Mark, ‘LIZOL’ (“Impugned Trade Dresses”). A

    Signature Not Verified CS(COMM) 1052/2024 Page 15 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    comparative table of the Plaintiffs’ Products and the Defendant’s
    Products is as under:

    Plaintiffs’ products under the Mark Defendant’s Toilet Cleaner
    HARPIC

    Signature Not Verified CS(COMM) 1052/2024 Page 16 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    Signature Not Verified CS(COMM) 1052/2024 Page 17 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    Plaintiffs’ products under the Defendant’s Glass Cleaner
    Mark COLIN

    Signature Not Verified CS(COMM) 1052/2024 Page 18 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    Plaintiffs’ products under the Mark Defendant’s disinfectant product
    LIZOL

    Signature Not Verified CS(COMM) 1052/2024 Page 19 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    3.17. The Plaintiffs’ Products and the Defendant’s Products are sold through
    identical trade channels and placed close by on the same shelves in
    outlets / shops and sold from the same aisle to the same set of
    consumers. As far as online sales are concerned, both the Plaintiffs’
    Products and the Defendant’s Products are sold through the same
    channels and listed side by side. Hence, there is huge likelihood that
    the relevant potential consumer would rely upon imperfect
    recollection, and such imperfect recollection will centre on the high
    degree of similarities between the product labels, trade dress, colour
    combination, bottle shape of Defendant’s Products and the Plaintiffs’
    Products. Given the stark similarities between the competing Trade
    Dresses, the colour scheme, the Bottle Designs and specifically the
    whole range of products being virtually identical, the trade channels
    and counters being the same, there exists a strong likelihood of
    confusion on the part of the consuming public. Therefore, the present
    case is one of triple identity wherein not only the concerned class /

    Signature Not Verified CS(COMM) 1052/2024 Page 20 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    nature of goods are identical, the trade channels as well as the class of
    consumers is also the same.

    3.18. The Plaintiffs have spent millions of Dollars on promoting its products
    under the Marks, ‘HARPIC’, ‘COLIN’ and ‘LIZOL’. The Plaintiffs
    have an international market and are a registered Trade Mark
    proprietor in many countries of the world including India. The
    Plaintiffs apprehend that the Defendant’s Products may not comply
    with the quality standards maintained by the Plaintiffs thereby causing
    irreparable harm and injury to the brand equity of the Plaintiffs.
    SUBMISSIONS ON BEHALF OF THE DEFENDANT:

    4. The learned Senior Counsel for the Defendant made the following
    submissions:

    4.1. The Plaintiffs’ Design Registrations under Design Registration Nos.

    184080 and 191291 had expired in 2015 and 2017 respectively, placing
    the Designs in the public domain. The Plaintiffs are now attempting to
    evergreen these expired designs by securing Trade Mark registrations
    over the same bottle and cap shapes under Trade Mark Registrations
    Nos. 3491010, 3491007, 3491009, 3491006, and 3491008 (“HARPIC
    Bottle and Cap Marks”), contrary to the Designs Act, 2000 (“Designs
    Act
    “).

    4.2. By registering the Designs for the shape of the bottle in which the
    Plaintiffs’ Products under the Mark, ‘HARPIC’ are sold under the
    Designs Act and enjoying a fifteen-year monopoly, the Plaintiffs
    acknowledged it as a design, not a Trade Mark. Hence, they are
    estopped from claiming Trade Mark protection over the same, as it
    violates Sections 2(d) of the Design Act and Section 2(zb) of the Trade

    Signature Not Verified CS(COMM) 1052/2024 Page 21 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    Marks Act, 1999 (“Trade Marks Act“). The Plaintiffs further
    misclassified their applications as Device Marks instead of shape of
    goods to evade proper scrutiny by the Trade Marks Registry.
    Consequently, the HARPIC Bottle and Cap Marks are invalid, and the
    infringement claim is unsustainable.

    4.3. The Defendant prominently uses the Mark ‘GAINDA’ against which
    the Plaintiffs do not have any objection and a distinct Rhino logo, along
    with unique labels, shapes, fonts, brand names, and cap designs, all
    serving as clear source identifiers. These distinguishing features
    eliminate any likelihood of confusion. As has been held in Kaviraj
    Pandit Durga Dutt Sharma v. Navratna Pharmaceutical
    Laboratories
    , (1965) 1 SCR 737, where sufficient added matter
    distinguishes the Defendant’s goods, no actionable misrepresentation
    arises.
    This principle was reaffirmed in Intex Technologies (India) Ltd.
    v. AZ Tech (India
    ), (2017) 239 DLT 99 (DB).

    4.4. Further, since the Plaintiffs’ Products are premium priced and target a
    different consumer base, confusion is unlikely. Moreover, where the
    Plaintiffs hold a registered design, a passing off claim must rest on
    something extra beyond the registered design, such as ornamentation,
    overall get-up, or trade dress as has been held in Havells India Ltd. v.
    Panasonic Life Solutions India Pvt. Ltd.
    , 2022 SCC OnLine Del 1662.
    4.5. A non-distinctive product shape can only be registered as a Trade Mark
    if consumers recognize and rely on the shape alone as a badge of origin.
    The shape must still independently signify the product’s source.
    Product design cannot be inherently distinctive and is protectable as a
    Trade Mark only upon proof of acquired distinctiveness, as consumers

    Signature Not Verified CS(COMM) 1052/2024 Page 22 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    do not naturally view design alone as indicating product origin. In any
    event, a similar shape is used by nearly every single product in the
    industry due to which no monopolistic rights thereto can be conferred
    on the Plaintiffs.

    4.6. The Plaintiffs claim monopoly over colour combinations like Blue and
    Red for the Trade Dress for the Plaintiffs’ Products under the Mark
    ‘HARPIC’, Blue, Red and White for the Trade Dress for the Plaintiffs’
    Products under the Mark, ‘COLIN’, and Blue, Red, White and Yellow
    for the Trade Dress for the Plaintiffs’ Products under the Mark ‘LIZOL’.
    Such claims are legally untenable. Basic colours are not protectable
    under trademark law as has been held in Colgate Palmolive Co. Ltd. v.
    Patel
    , 2005 (31) PTC 583 (Del), Britannia Industries Ltd. v. ITC Ltd.,
    (2017) 240 DLT 156 (DB), ITC Ltd. v. Crescendo Tobacco Agency &
    Ors.
    , 2011 (46) PTC 65 (Cal) and RB Health (US) LLC & Ors. v.
    Dabur India Ltd.
    , 2020 (84) PTC 492 (Del).

    4.7. The Plaintiffs themselves use multiple colours across product ranges,
    defeating the argument of exclusivity or secondary meaning. In the case
    of Reckitt Benckiser (India Limited) v. Cavinkare Pvt. Ltd. 2007 SCC
    OnLine Del 736, it was already held that products under the Mark,
    ‘HARPIC’ in multiple colour variants cannot claim exclusivity over
    any single colour scheme. The Plaintiffs have mechanically relied on
    ex parte ad interim orders passed in uncontested cases, which have no
    precedential value. Only final judicial decisions containing a legal
    principle ratio decidendi qualify as precedents. Interim orders based on
    prima facie or tentative findings do not have binding precedent value,
    especially when issued under extraordinary powers or unique

    Signature Not Verified CS(COMM) 1052/2024 Page 23 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    circumstances as has been held in Shraddha d/o Sanjay Varshney and
    others v. Union of India
    and other 2015(4) M.P.L.J. and State of
    Assam v. Barak Upatyaka D.U. Karmachari Sanstha
    , (2009) 5 SCC
    694.
    4.8. A product’s shape or design cannot be granted Trade Mark protection
    unless it has acquired secondary meaning, i.e., it must be shown that
    the shape alone, without any word or logo, distinctly identifies the
    source of the product. Functional or generic shapes are not inherently
    distinctive and cannot be protected unless they serve as clear source
    identifiers. As has been held in Knitpro International v. Examiner of
    Trade Marks
    through Registrar of Trade Marks, (2022) 293 DLT 1.
    4.9. The bottle shapes such as the angled nozzle and grip design for toilet
    cleaners, and the practical forms of glass cleaner and floor disinfectant
    bottles are dictated by functionality, ergonomics, and industry norms,
    not by an intent to indicate source.
    The law does not protect functional
    designs, and no exclusive rights can be claimed in them as has been
    held in Dabur India Ltd. v. Rajesh Kumar, 2008 (103) DRJ 596. The
    colour schemes and bottle shapes used by the Defendant are widespread
    in the industry and commonly used by third parties. The Plaintiffs have
    also failed to disclose prior recognition of such third-party use and have
    misrepresented facts. Notably, the use of blue in toilet and glass
    cleaners is a well-established industry standard, symbolizing hygiene
    and visibility.

    4.10. The Defendant launched its business in 2016. In the year 2020, the
    Defendant launched the Defendant’s toilet cleaner product. Thus, the
    Defendant’s Products have been widely in the market for nearly a

    Signature Not Verified CS(COMM) 1052/2024 Page 24 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    decade. The Defendant has invested heavily in branding and
    advertising, and an injunction would cause severe commercial hardship
    given its long market presence. In contrast, the Plaintiffs, holding a 78%
    market share, would not face irreparable harm. Thus, the balance of
    convenience is in favour of the Defendant.

    REJOINDER SUBMISSIONS ON BEHALF OF THE PLAINTIFFS:

    5. The learned Senior Counsel for the Plaintiffs made the following
    rejoinder submissions:

    5.1. The learned Senior Counsel for the Defendant submitted that the
    Plaintiffs’ registrations for HARPIC Bottle and Cap Marks are barred
    by law, being exactly the same as the Plaintiffs’ Design Registrations
    which were granted protection under the Designs Act but stand expired.

    The Plaintiffs have made minor modifications in their bottle shape
    while retaining the original distinctive shape and that consumers
    associate the bottle shapes exclusively with the Plaintiffs’ Products
    under the Mark ‘HARPIC’. Reliance can be placed upon the Full Bench
    decision of this Court in Mohan Lall, Proprietor of Mourya Industries
    v. Sona Paint & Hardware
    , AIR 2013 Delhi 143, wherein it has been
    held that a trade mark as defined under the Trade Marks Act includes
    shape of goods, their packaging and combination of colours. It is also
    a settled principle of law that dual protection from both design and trade
    mark law may exist where it is alleged that the configuration or shape
    of a container or article acts as a trade mark or trade dress.
    5.2. The Defendant is wrongly relying upon the Trade and Merchandise
    Marks Act, 1958
    , to submit that once the Plaintiffs had opted for
    seeking protection of the shape and configuration of the bottle under

    Signature Not Verified CS(COMM) 1052/2024 Page 25 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    the Designs Act, the said design is not a trade mark as defined under
    the Trade and Merchandise Marks Act, 1958, which has been repealed
    by Section 159 of the Trade Marks Act which came into effect on
    30.12.1999. In any case, as per the Designs Act, use of a registered
    design as a Trade Mark can at best be a ground for its cancellation.
    There is no provision under the Act which prohibits registration of a
    design as a Trade Mark.

    5.3. The Defendant submitted that Plaintiffs’ Trade Mark registrations for
    the HARPIC Bottle and Cap Marks are Device Marks and not shape /
    3D Mark, however, this issue has been decided in favour of the
    Plaintiffs by the Division Bench of this Court in Hindustan Unilever
    Ltd. v. Reckitt Benckiser (India) (P) Ltd.
    , (2023) 2 HCC (Del) 417,
    wherein it has been held that Trade Mark registrations adopted for the
    Harpic Bottle and Cap Marks are shape marks and not merely device
    marks. Further, the Division Bench has recognized the Plaintiffs’ rights
    in the HARPIC Bottle and Cap Marks, being registered Trade Marks,
    gives the Plaintiffs exclusive rights to use and stop others from using
    the HARPIC Bottle and Cap Marks or bearing a shape which is
    deceptively or confusingly similar to the HARPIC Bottle and Cap
    Marks.

    5.4. The fact that the Plaintiffs have obtained Trade Mark registrations for
    HARPIC Bottle and Cap Marks in both black and white as well as in
    colour clearly shows that the Plaintiffs are claiming rights in the
    distinctive colour scheme and overall Trade Dress for the Plaintiffs’
    Products under the Mark ‘HARPIC’, contrary to what is alleged by the
    Defendant. The Plaintiffs have obtained several other registrations for

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    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    their labels and are also the owners of copyrights in such labels /
    artworks. The Plaintiffs have continuously enforced their rights in the
    Trade Dress for the Plaintiffs’ Products under the Mark ‘HARPIC’.
    5.5. Allegations of third party use are no defence in an infringement action
    as has been held in several decisions, in any case, the third parties cited
    by the Defendants are mostly infringers with little to no market share
    as has been held in National Bell Co. and Gupta Industrial
    Corporation v. Metal Goods Mfg. Co. (P) Ltd.
    , AIR 1971 SC 898 ,
    Pankaj Goel v. Dabur India Ltd.
    , 2008 (38) PTC 49 and Corn
    Products Refining v. Shangrila Foods Products Ltd.
    , AIR 1960 SC

    142. The Plaintiffs have also been successful in stopping several third
    parties from infringing their rights and taking down all the listings and
    / or in getting third parties to change their product shape / trade dress.
    The alleged reasoning given by the Defendant that blue colour is used
    to indicate hygiene and freshness are frivolous and an afterthought. The
    colour blue of the glass cleaning product is only on account of a blue
    dye used by such third-parties. The entire range of the Defendant’s
    phenyl product, which is also a hygiene product, has a completely
    different shape / colour combination. Toilet cleaners and glass cleaners
    are sold in various colours and shapes by third parties.
    5.6. In the judgment of Midas Hygiene Industries (P) Ltd. and Another v.

    Sudhir Bhatia and Others, 2004 SCC OnLine SC 106 it was held that
    if a party for no apparent reason adopts a deceptively similar trade mark
    or a deceptively similar trade dress to another, it would be difficult to
    avoid an order of injunction as the Court assumes that the adoption was

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    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    dishonest and indicates that the defendant tried to pass off its goods as
    those of the Plaintiffs.

    5.7. The Defendant’s argument that there is sufficient added matter to
    distinguish the Defendant’s goods is also frivolous as evident from the
    detailed comparison. The Defendant is maliciously selling the
    Defendant’s toilet cleaner product in two different bottle shapes, both
    of which have been copied from the HARPIC Bottle and Cap Marks.
    5.8. The objections raised by the Defendant regarding delay and laches are
    frivolous as evident from the averments in the Plaint and the
    Defendant’s own documents. The Plaintiffs filed the present suit as
    soon as it found that the Defendant is involved in the sale of the
    Defendant’s Products using the Impugned Trade Dresses.
    5.9. The Defendant has failed to raise any credible defence and the Plaintiffs
    have made a prima facie case for grant of an interim injunction. The
    balance of convenience is also in favour of the Plaintiffs and against the
    Defendant and grave and irreparable injury is being caused to the
    Plaintiffs on each day that the Defendant is continuing with its acts of
    infringement, passing off and unfair competition.

    ANALYSIS AND FINDINGS:

    6. Passing off is based on similarities of get-up of packaging used by the
    defendant that amounts to misrepresentation damaging the plaintiff. The
    plaintiff must prove that the get-up used by the plaintiff is distinctive and the
    defendant’s get-up is similar enough to deceive, notwithstanding any other
    differences between the two sets of goods. The plaintiff must make out that
    the defendant’s goods are calculated to be mistaken for the plaintiff’s goods,
    and both the goods unquestionably resemble each other and the features that

    Signature Not Verified CS(COMM) 1052/2024 Page 28 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    resemble with each other are not common to the trade. The distinctive nature
    of the features adopted by the plaintiff must be ‘eye catching’ and serve to
    identify the goods of one particular source. The plaintiff must show that the
    confusion arises from those features of the getup, which are distinctive to the
    plaintiff taken in combination with each other. The plaintiff cannot pick and
    choose the elements of get-up and must be considered as a whole for
    comparing it with the get-up of the defendant as a whole, including the
    features which are not found in the plaintiff’s get-up, including the brand
    names or other marks.

    7. The Plaintiffs have submitted that the Plaintiffs’ Products under the
    Mark ‘HARPIC’ were launched in India in 2001, the Plaintiffs’ Products
    under the Mark ‘COLIN’ were launched in India in 1998 and the Plaintiffs’
    Products under the Mark ‘LIZOL’ were launched in India in 1996 and have
    been in continuous and uninterrupted use since then. By the Defendant’s own
    admission, the Plaintiffs have a market share of 78%. The Plaintiffs have
    obtained various trade mark registrations to protect the Intellectual Property
    in the Plaintiffs’ Products. The Plaintiffs have also spent a substantial amount
    of money on the promotion, publicity and advertisement of the Plaintiffs’
    Products in all available media. The Plaintiffs also have considerable turnover
    in respect of Plaintiffs’ Products which is depicted by the year-on-year
    increase in the last five years as demonstrated by the Plaintiffs.

    8. The above submissions on behalf of the Plaintiffs shows that the
    Plaintiffs have built considerable reputation and goodwill for the Plaintiffs’
    Products over time, which is evident from the sales turnover and the
    marketing expenses incurred by the Plaintiffs.

    Signature Not Verified CS(COMM) 1052/2024 Page 29 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50

    9. It is the case of the Plaintiffs that the Plaintiffs’ Products use distinctive
    Trade Dresses which have been used to sell the Plaintiffs’ Products for over
    two and a half decades across India with only minor modifications to keep
    with the changing times. The Plaintiffs’ Products are identified with the shape
    of the bottles which have several unique features. It is submitted by the
    Plaintiffs that the Trade Dresses for the Plaintiffs’ Products, have come to be
    identified exclusively with the Plaintiffs on account of extensive sales,
    advertisement, promotion and high quality of Plaintiffs’ Products.

    10. The Plaintiffs have contended that the Defendant’s Products are being
    sold in the Impugned Trade Dresses which are identical and / or deceptively
    similar to the Plaintiffs’ Trade Dresses and this act of the Defendant is a
    deliberate attempt to pass off the Defendant’s Products as those of the
    Plaintiffs. It is submitted by the Plaintiffs that the Impugned Trade Dresses
    lead the consumer to believe that there is an association between the
    Defendant’s Products and the Plaintiffs, where none exists. The Plaintiffs have
    alleged that both the Plaintiffs’ Products and the Defendant’s Products look
    identical and are sold in bottles which have identical shapes and configuration,
    thus, increasing the likelihood of confusion. The use and placement of
    essential features of the Plaintiffs’ Trade Dresses on the Impugned Trade
    Dresses used for the Defendant’s Products will lead to confusion and / or
    deception in the minds of the general public.

    11. When there is no valid explanation given as to why the Impugned Trade
    Dresses have similarity of essential features, get-up, layout, colour
    combination and placement of features with the Plaintiffs’ Trade Dresses, the
    Impugned Trade Dresses are liable to be restrained. The Plaintiffs have
    contended that the Impugned Trade Dresses are a slavish imitation of the

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    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    Plaintiffs’ Trade Dresses, which is evident from the side-by-side comparison
    of the Plaintiffs’ Products and the Defendant’s Products.

    12. The Plaintiffs have contended that in passing off action, similarities
    rather than dissimilarities have to be taken note and the colour scheme and
    overall effect of the packaging have to be seen. The Plaintiffs have submitted
    that the Impugned Trade Dresses are completely dishonest and mala fide with
    the clear intention of passing off the Defendant’s Products as those of the
    Plaintiffs. The Plaintiffs have also relied upon Midas Hygiene (supra) to argue
    that if a party for no apparent reason adopts a deceptively similar trade dress,
    it would be difficult to avoid an order of injunction as it is assumed that the
    adoption was dishonest and indicates that the defendant tried to pass off its
    goods as those of the plaintiff. The Plaintiffs have further submitted that the
    essential features of the Plaintiffs’ Trade Dresses are not common to the trade
    and are distinctive.

    13. The Defendant has submitted that the prominent House Mark of the
    Defendant ‘GAINDA’ is the distinguishing feature in the Defendant’s
    Products, which dispels any possibility of confusion between the Defendant’s
    Products and the Plaintiffs’ Products. Further, it was contended that the
    Plaintiffs’ Products have multiple variants with different colour combinations
    and the Plaintiffs cannot be allowed to monopolise all of the colours.

    14. The Defendant has further submitted that the Plaintiffs have tried to
    evergreen the Plaintiffs’ Design Registrations by registering the same as Trade
    Marks after the expiration of the exclusive rights to use granted to them by
    virtue of their registration under the Designs Act. Once the Plaintiffs have
    obtained registration under the Designs Act, they cannot be permitted to

    Signature Not Verified CS(COMM) 1052/2024 Page 31 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    register them as Trade Marks as well. Consequently, the HARPIC Bottle and
    Cap Marks are invalid, and the infringement claim is unsustainable.

    15. The Defendant further contended that the bottle shapes such as the
    angled nozzle and grip design for toilet cleaners, and the practical forms of
    glass cleaner and floor disinfectant bottles are dictated by functionality,
    ergonomics, and industry norms, not by an intent to indicate source. The law
    does not protect functional designs, no exclusive rights can be claimed in
    them.

    16. Having heard the learned Counsel for both the Plaintiffs and the
    Defendant and considering the material placed on record, the overall
    comparison of the Defendant’s Products with the Plaintiffs’ Products shows
    that there is an attempt to imitate the essential features of the Plaintiffs’ Trade
    Dresses by the Impugned Trade Dresses. The Impugned Trade Dresses are
    deceptively similar to the Plaintiffs’ Trade Dresses as the essential features of
    the Plaintiffs’ Trade Dresses such as the colour of the packaging, the colour
    of the cap, the colour of the liquid, the shape of the bottle are copied in the
    Impugned Trade Dresses. The overall comparison of the get-up at the point of
    sale creates an impression that the Impugned Trade Dresses are an imitation
    of the essential features of the Plaintiffs’ Trade Dresses. Considering the
    deceptive similarity of the Impugned Trade Dresses to the Plaintiffs’ Trade
    Dresses, the judgment in Havells India Ltd. (supra) will not further the case
    of the Defendant.

    17. It is not necessary to have exact identity for side-by-side comparison
    between the Impugned Trade Dresses and the Plaintiffs’ Trade Dresses. It is
    sufficient that if there is an overall similarity in the idea or impression assessed
    from the perspective of a consumer of average intelligence having imperfect

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    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    recollection. A holistic view of the Impugned Trade Dresses appears to be
    deceptively similar to the Plaintiffs’ Trade Dresses. The Defendant has not
    offered any explanation or bona fide reason for adopting the Impugned Trade
    Dresses having identical features to that of the Plaintiffs’ Trade Dresses.

    18. The submission of the learned Senior Counsel for the Defendant that
    Plaintiffs’ registrations for HARPIC Bottle and Cap Marks are barred by law,
    being exactly the same as the Plaintiffs’ Design Registrations which were
    granted protection under the Designs Act but stand expired cannot be accepted
    in light of the decision of the Full Bench of this Court in Mohan Lall (supra),
    wherein it was held that dual protection from both design and trade mark law
    may exist where it is alleged that the configuration or shape of a container or
    article acts as a trade mark or trade dress.
    The decision of the Five Judge
    Bench of this Court in Carlsberg Breweries vs Som Distilleries & Breweries
    Ltd.
    , AIR 2019 Delhi 23, did not overrule this decision of the Full Bench in
    Mohan Lall (supra) and held that as long as the elements of the Design are
    not used as a trade mark but rather as a larger trade dress, the presentation of
    the product through its packaging and so on can be protected.

    19. It is settled law that to determine the passing off, the focus must be on
    the similarities rather than dissimilarities. The overall appearance at first
    impression is crucial to identify the passing off. The meticulous side-by-side
    dissection is not necessary and the trade dress has to be judged as a whole.
    Based on the overall get-up of the Defendant’s Products, it is evident that the
    same is likely to cause confusion as the dominant similarities between the
    Impugned Trade Dresses and the Plaintiffs’ Trade Dresses overwhelm the
    minor differences. The argument that the House-Mark, ‘GAINDA’ will dispel
    the confusion, cannot be accepted in view of the overall similarity which is

    Signature Not Verified CS(COMM) 1052/2024 Page 33 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
    evident from the holistic comparison of the Defendant’s Products with the
    Plaintiffs’ Products, therefore, the judgments in Kaviraj Pandit (supra), and
    Intex Technologies (supra) will not help the case of the Defendant.

    20. The Plaintiffs have prima facie established the goodwill by showing the
    consistent and uninterrupted use of the Plaintiffs’ Products since the last two
    and a half decades. Considering the sales turnover, it indicates that the
    Plaintiffs have a longstanding and formidable reputation.

    21. The Defendant’s Products were launched in 2016 and there is no
    dispute that the Plaintiffs’ Products were well established in the market at the
    time of the launch of the Defendant’s Products. Therefore, the Defendant
    cannot deny the Plaintiffs’ goodwill or attempt to have a free ride on the same.

    22. The Plaintiffs cannot claim monopoly on the use of blue, red, white or
    yellow colours or any other colour if they are considered individually.
    However, the distinctive combination, arrangement and presentation resulting
    in ensemble, which has been in use for a considerably long period have
    acquired secondary meaning in favour of the Plaintiffs’ Products. Even
    though the individual components of the Plaintiffs’ Trade Dresses are
    common to the trade, the overall get-up of the Plaintiffs’ Trade Dresses
    requires protection. The rights of the Plaintiffs stem from the overall get-up
    of the Plaintiffs’ Trade Dresses and not just the colours considered
    individually and therefore the judgments in Colgate Palmolive (supra),
    Britannia Industries (supra), ITC Ltd. (supra), RB Health (supra) and
    Reckitt Benckiser (supra) will not help the case of the Defendant.

    23. The Defendant’s reliance on third-party material does not disentitle the
    Plaintiffs as the Plaintiffs are not required to sue every small infringer as held
    in Pankaj Goel (supra), Corn Products (supra) and National Bell (supra).

    Signature Not Verified CS(COMM) 1052/2024 Page 34 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50

    24. The Plaintiffs have, prima facie, established distinctiveness in the
    Plaintiffs’ Trade Dresses whereas the Defendant has not been able to establish
    any distinction between the Impugned Trade Dresses and the Plaintiffs’ Trade
    Dresses. Accordingly, the Plaintiffs have been able to establish the ingredients
    of passing off as per the settled principles of law.

    25. Considering the submissions made by the Parties and the case laws
    relied upon by them, it is directed that the Defendant, its proprietor, directors,
    partners, employees, servants, agents, franchises, representatives, suppliers,
    promoters and all acting on behalf of the Defendant are restrained from
    manufacturing, selling, offering for sale, advertising, directly and indirectly
    dealing with:

                              i.    Toilet         cleaners        using        the         Trade          Dress
    
    
    
    
                              '                                     ', which is deceptively similar to the
    
    
    
    
                              Plaintiffs' Trade Dress '                    ' for the Plaintiffs' toilet cleaning
                              products under the Mark 'HARPIC';
    
    
    Signature Not Verified    CS(COMM) 1052/2024                                                    Page 35 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50
                               ii.    Glass cleaners using the Trade Dress '          ', which is deceptively
    
    
    
    
                              similar to the Plaintiffs' Trade Dress '            ' for the Plaintiffs' glass
    

    and house cleaning products under the Mark ‘COLIN’; and

    iii. Disinfectants, using the Trade Dress ‘ ‘, which is deceptively

    similar to the Plaintiffs’ Trade Dress ‘ ‘ for the Plaintiffs’
    disinfectant products under the Mark ‘LIZOL’.

    26. The Application stands disposed of with the aforesaid directions.

    TEJAS KARIA, J
    MARCH 28, 2026/’AK’

    Signature Not Verified CS(COMM) 1052/2024 Page 36 of 36
    Signed By:NEELAM
    SHARMA
    Signing Date:28.03.2026
    18:30:50



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