Hindustan Unilever Limited v. Padmavathi Chemicals

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN IT'S COMMERCIAL DIVISION COMIP SUIT NO. 50 OF 2025 Hindustan Unilever Limited, ) a public limited company ) Incorporated under the Indian Companies Act, 1913, ) Having its registered office at Unilever House, ) B.D. Sawant Marg, Chakala, Andheri (East), ) Mumbai-400099, Maharashtra ) ... Plaintiff

Versus

Padmavathi Chemicals ) having it's address at ) Plot No.21, M Gardens, ) Gudapallipadu, Nellore, (D.T.), ) Andhra Pradesh - 524002 ) ... Defendant CONSENT MINUTES OF THE ORDER · 1.

By consent Leave under Clause XIV of the Letters Patent Act (Clause XIV Petition (L) No. 2260 of 2025) to be granted.

5.

The Defendant accordingly submits to a decree in terms of prayer clauses (a) and (b) which reads as under: (a) The Defendant by itself, its proprietor, partners, directors, servants, agents, stockists, distributors, dealers, franchisees, licensees, assigns and all persons claiming through it or acting on its behalf be restrained by an order and perpetual injunction of this Hon 'ble Court from infringing the Plaintiff's copyright subsisting in the artistic work comprised in the VIM artistic packaging I trade dress shown at Exhibits B and D hereto, by reproducing, printing, publishing, using and/or communicating to the public the impugned packaging I trade dress at Exhibit G hereto or any other work I packaging I trade dress which is an ilnitation and/or reproduction of the artistic work comprised in the Plaintiff's VIM artistic packaging I trade dress shown at Exhibits B and D hereto or substantial part thereof or in any other manner whatsoever;

(b) The Defendant by itself, its proprietor, partners, directors, servants, agents, dealers, stockists, distributors and all persons claiming under it be restrained by a permanent order and injunction of this Hon'ble Court from using the impugned artistic

packaging/ trade dress shown at Exhibit B and D respectively hereto and/or any other artistic packaging/ trade dress which is identical with and/or closely and /or deceptively and/or substantially similar to the Plaintiff's VIM artistic packaging/ trade dress shown at Exhibits B and D upon and in relation to dishwashing preparations and/or the like goods so as to pass off or enable others to pass off its goods as and for the well-known goods of the Plaintiff or in any other manner whatsoever;

6.

The packets seized by the Court Receiver shall be opened by the parties in the presence of their representative of both the Plaintiff and the Defendant and the dishwashing preparations therein shall be returned to the Defendant and the wrappers/labels/stickers shall be forthwith destroyed. 7.

The Defendant issued !:l Demand Draft bearing number "7525 14" drawn on Union Bank of India dated 25th February 2025 in favour Hindustan Unilever Limited for an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) towards costs mutually agreed upon between the parties and towards full and final settlement of this suit.

8.

The Defendant undertakes that it has not filed/will not file in future any application/s seeking registration of the impugned artwork with the Registrar of Copyrights. In case the Defendant has filed any such application/s, the Defendant undertakes to withdraw all such applications/registrations within a period of 3 weeks from the date of executing these terms. The Defendant shall simultaneously forward copies of such letters seeking withdrawal of its applications/registrations duly acknowledged by the Copyright Office, to the Plaintiff or its Advocates.

9.

Refund of court fees as per rules.

10.

By consent, the above Commercial IP Suit No. 50 of2025; Interim Application (L) No. 2194 of 2025 and Leave Petition (L) No. 2260 of 2025 be disposed of accordingly against the Defendant.

-ttDated this Ji_ day of March 2025 For Adv. Laher Shah Advocate for the Plaintiff Adv. Ritvik Joshi Advocate Defendant for the

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN IT'S COMMERCIAL DIVISION COMIP SUIT NO.SO OF 2025 Hindustan Unilever Limited ] .... Plaintiff Vs.

Padmavathi Chemicals ] .... Defendant MINUTES OF THE ORDER "'"'- DA TED THIS _l_l DAY OF MARCH 2025