SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Bom) 886

ABHAY AHUJA, G.S.PATEL
USV Private Limited – Appellant
Versus
Hindustan Unilever Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Venkatesh Dhond, Shwetasree Majumdar, Bimal Rajasekhar, Mr. Viraag Tulzapurkar, Dr. Birendra Saraf, Hiren Kamod, Nishad Nadkarni, Aasif Navodia, Khushboo Jhunjhunwalal, Khaitan & Co.

JUDGMENT :

G.S. Patel, J.

1. There are two Appeals. This common order will dispose of both. Both appeals arise from a common order and judgment dated 16th June 2022 (AK Menon, J). In Commercial IP Suit (L) No.805 of 2021, Hindustan Unilever Limited (“HUL”) is the Plaintiff. In Commercial IP Suit (L) No.1087 of 2022, Wipro Enterprises Private Limited (“Wipro”) is the Plaintiff. The Defendant is common, USV Private Limited (“USVPL”).

2. HUL and Wipro both complained that USVPL launched an advertising campaign promoting and publicising its product under the brand SEBAMED. They claimed that the advertising campaign run by USVPL constituted unlawful disparagement and denigration of HUL and Wipro products, in which the Plaintiffs had valuable intellectual property rights. To be perfectly clear at the beginning, HUL sought protection for four of its products under the brand names, LUX, DOVE, PEARS and RIN. Clearly RIN is not of a class with the other three because it is a detergent. For its part Wipro sought protection for its product SANTOOR.

3. Mr Dhond, learned Senior Advocate for USVPL in appeal, submits that in his 74-page judgment the learned Single Judge was materially in error on seve

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon telegram-icon
                  whatsapp-icon Back to top