Pidilite wins favourable judgement in infringement case

The adhesive company had sued Jubilant Agri & Consumers Products for infringing its mark 'Marine' and for false representation.

The Bombay High Court recently announced its judgment in a case filed by Pidilite Industries against Jubilant Agri & Consumer Products (JACP) for using its registered name, 'Marine'.

Pidilite has brands under the name of 'Fevicol' and 'Fevicol Marine'. The company had accused JACP of using 'Marine', which is its registered mark, in JACP's product mark 'Jivanjor Marine Plus'. Pidilite stated that JACP was infringing the registered trademarks, copyrights and committing the tort of passing off its products as that of Pidilite's.

In his order, Justice S J Kathawala said, "When a customer goes to a shop to buy biscuits, he simply asks for them by their product identification mark/brand or sub-brand like 'Marie' or 'Monaco' or 'Good Day' or 'Krackjack' or '50:50' or 'Maska-Chaska', he does not preface it with the name of the manufacturer like Parle or Britannia."

The court observed that "The mark 'Marine' by itself has gained tremendous reputation and goodwill and further distinctiveness and secondary meaning which is associated by the consumers, trade and public at large with the plaintiff alone". The court also stated, "It is the settled position that the use of a mark as a sub brand also amounts to infringement and an injunction ought to follow."