Single Judge Bench of Justice Rajiv Shakdhar has passed an order In a trademark infringement suit preferred by Dettol manufacturer and the Delhi High Court has imposed costs of Rs one lakh on the manufacturer of ‘Devtol’ hand sanitizers.
Senior Advocate Chander Lall with Advocates Nancy Roy and Jawahar Lal appeared for the Plaintiff. The Defendant was represented by Advocate Umesh Mishra.
Reckitt Benckiser (India) Pvt Ltd (Plaintiff) had moved the High Court on discovering that Mohit Petrochemicals Pvt Ltd (Defendant) was selling hand sanitizers under the brand name ‘Devtol’. ‘Devtol’ claimed that it gave protection from COVID-19.
The Plaintiff referring to dettol manufacturers thus sought various reliefs against the infringing mark and logo i.e. ‘Devtol’, including a direction to permanently restrain the Defendant from infringing its trademark.
The Defendant, which appeared on advance notice, stated before the Court that it has already taken steps to withdraw the infringing mark, ‘Devtol’ and would also not manufacture and/or sell hand sanitizers under the infringing mark.
The agents and dealers have also been asked to withdraw the product bearing the infringing mark from the market. In view of the above averments, the Plaintiff on the behlaf of dettol urged the Court that the suit may be decreed.
The Court proceeded to pass a decree of permanent injunction against the Defendant with respect to the mark ‘Devtol’ and ordered them to recall their existing stock from the market. It further imposed costs of Rs one lakh on the Defendants, which shall be deposited to the Juvenile Justice Fund being maintained in the name of the Registrar General of the High Court.
Read the order here:
