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ARTICLE · 01 JULY 2021

Exercise Diligence And Show Bonafide Before Fixing Third Party Marks: Bombay High Court

On June 16, 2021, the Bombay High Court, in Pidilite Industries Ltd. vs. Q-Chem Sealers Pvt Ltd., ordered Q-Chem Sealers Pvt Ltd. (Defendant) to stop using the marks LWC, URP, labels bearing...

IndiaIntellectual Property

On June 16, 2021, the Bombay High Court, in Pidilite Industries Ltd. vs. Q-Chem Sealers Pvt Ltd., ordered Q-Chem Sealers Pvt Ltd. (Defendant) to stop using the marks LWC, URP, labels bearing these marks and unique design of DR FIXIT containers. 

Pidilite Industries Ltd. ("Plaintiff") is a well-known manufacturer of water proofing chemicals, construction, bending chemicals, paint chemicals, adhesives, sealants, etc. since 1969 and sells a range of such goods under various marks, including, LW+, LW, URP, DR. FIXIT. The Plaintiff alleged that the Defendant is using, without authorization, the LW, URP marks and LW/LW+ labels. The Plaintiff also alleged that the Defendant has attempted to pirate the design of the DR. FIXIT container shown below.

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