The order was passed on January 13 by Justice S J Kathawala on a suit filed by Pidilite Industries Ltd seeking to restrain Jubilant Agri and Consumer Products Ltd from using its registered trademark as its own.
The infringement alleged by the plaintiff (Pidilite) related to three registered trademarks (two word marks "Fevicol Marine' and one label mark showing two elephants pulling an object in opposite directions).
Jubilant Agri & Consumer Products Ltd contended that the Pidilite's mark is 'FEVICOL MARINE' and their (Jubilant's) mark is 'JIVANJOR MARINE PLUS' and that both the Plaintiff and the Defendant are using the word 'MARINE' in a descriptive manner.
The main defence of the Defendant was that the word 'MARINE' is inherently descriptive, is devoid of any distinctive character, is incapable of being registered as trademark and, therefore, cannot be claimed to be a trademark of the plaintiff even though it formed part of the registered trademark/label mark 'FEVICOL MARINE'.
The court held that the defendant had tried to take advantage of the reputation of the plaintiff not only by the use of the mark 'MARINE'/'MARINE PLUS' but also by the use of the copied impugned label and hence cannot be allowed to rely upon the alleged use of the mark 'MARINE' on other grounds.