JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff-Reckitt Benckiser (India) Private Limited, seeking permanent injunction as also reliefs for infringement of trademark, copyright, passing off, and account of profits, against the misuse of its trademark `HARPIC', essential features of `HARPIC' labels and the shape of the `HARPIC' bottles, by the Defendant. The case of the Plaintiff is that the Plaintiff's product is sold under the mark `HARPIC', which is sold in unique blue containers with red caps and red containers with white caps, both with a distinctive label, shape and trade dress. The said trade dress of the two products are depicted hereinbelow:

3. As per the plaint, the Blue and Red `HARPIC' products which are used as toilet cleaners and bathroom cleaners, are products which are market leaders in their respective categories. The Plaintiff's trademark `HARPIC' is stated to have been adopted internationally in 1920 and is registered in over 150 jurisdictions. The trademark `HARPIC' is in use in India applied to a distinctive bottle since 1984. `HARPIC' and its formative marks, its label,