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HomeNewsMarketingM-Seal case: Bombay High Court grants interim relief to Pidilite

M-Seal case: Bombay High Court grants interim relief to Pidilite

The packaging and name of ‘R-Seal’ have been temporarily prohibited by the court

The Bombay High Court has granted interim relief to Pidilite Industries Limited and has temporarily restrained Riya Chemy from manufacturing and selling its adhesive ‘R-Seal’. Pidilite Industries, which owns the brand Fevicol, filed a lawsuit in court alleging that Chemy’s product’s name and packaging are similar to its product ‘M-Seal’, which mislead consumers. The court ruled that Chemy, who is from Karnataka, must wait for further orders from the court.

In the interim order, the court said, “The Registrar of Trade Marks, being the custodian of all marks, ought to have conducted a search of the register before proceeding to accept the Defendant’s applications, to ensure that the Defendant’s marks are not violating the rights of any prior user or proprietor”. According to LiveLaw, Justice RI Chagla held that prima facie, the defendant secured the registration of the mark ‘R-Seal’ fraudulently by concealing the existence of the plaintiff’s prior registered marks from the Registrar of Trade Marks.

Meanwhile, Advocate Hiren Kamod for the plaintiff argued that Chemy has attempted to copy each feature of the plaintiff’s mark with minor differences to confuse consumers. He added that the defendant did not check the public record of the Trademark Registrar to see if the mark has already been registered by another and secured the registration of the ‘R-Seal’ marks fraudulently.

The complaint stated that in December 2020, Pidilite came across Chemy’s products being sold under the mark ‘R-Seal’ and found that it was identical to the product of the plaintiff. Also, the label of the defendant’s products has taglines and other features identical to the plaintiff’s M-Seal label, the court was told.

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