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ARTICLE · 03 JANUARY 2022

Dr. Fixit Fixes Trademark Infringement

S.S. Rana & Co.
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Recently the Bombay High Court in a trademark infringement case restrained Platinum Waltech Ltd. (Defendants) by an order of injunction from selling their waterproofing products...

IndiaIntellectual Property
Arpit Kalra
Arpit Kalra
Pranit Biswas
Pranit Biswas
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CASE ANALYSIS: Pidilite Industries Ltd V/S Platinum Waltech Ltd

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Recently the Bombay High Court in a trademark infringement case restrained Platinum Waltech Ltd. (Defendants) by an order of injunction from selling their waterproofing products under the mark LWC and from infringing Pidilite Industries' (Plaintiff) trademark and design registrations as well as their copyright in their artistic work.

CONTENTIONS OF THE PLAINTIFF

  • That Plaintiff is a well-known manufacturer and a vendor of waterproofing chemicals, construction bonding chemicals, materials, additives and other products relating to the construction and paint industry and has a worldwide presence.
  • That Plaintiff has adopted and used several house marks upon its range of products which include the DR FIXIT mark with a distinctive device of a man wearing a yellow construction helmet and have trade mark registrations for the same. This device mark is a crucial part of their overall house mark

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