Hindustan Unilever Limited v. Gee Bee Chem And ANR

204-NMSL2348-16+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 2348 OF 2016 IN SUIT NO. 736 OF 2016 WITH LEAVE PETITION NO. 230 OF 2016 Hindustan Unilever Limited ...Plaintiffs

Versus

Gee Bee Chem & Another ...Defendants Ms. Akshata Kamath, i/b W. S. Kane & Co., for the Plaintiffs. CORAM: G.S. PATEL, J DATED:

19th September 2016 PC:- 1.

There was an ad-interim order dated 9th August 2016. The Defendants have since been served. An Affidavit of Service is on file.

2.

For the reasons set out in the Petition for leave under Clause XIV of the Letters Patent, it is made absolute in terms of prayer clause (a).

3.

There is no Affidavit in Reply to the Notice of Motion. 19th September 2016

204-NMSL2348-16+.DOC 4.

For the reasons set out in the order dated 9th August 2016, the ad-interim reliefs granted on that day are continued as the final order on this Notice of Motion. In addition, there will also be an order in terms of prayer clause (b) of the Notice of Motion, which reads as under:

"(b) that pending the hearing and final disposal of the suit, the Defendants by themselves, their proprietors, partners, servants, dealers, agents, stockists and all person claiming through them be restrained by an order and temporary injunction of this Hon'ble Court from using the impugned label/packaging/trade dress shown at Exhibits "A-1" and "A-2" to the plaint or any other label packaging/ trade dress shown at Exhibits "A-1" and "A-2" to the plaint upon and in relation to detergent powder and/or like goods so as to pass off or enable others to pass off the Defendants'

goods as and for the well-known goods of the Plaintiff or in any other manner whatsoever;"

5.

The Notice of Motion is disposed in these terms. In addition, the Plaintiffs will be entitled to apply for the actual costs of this Notice of Motion at the final hearing of the Suit. (G. S. PATEL, J.) 19th September 2016