2025:BHC-OS:24054 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.28667 OF 2025 IN COMMERCIAL IP (L) NO.28094 OF 2025 WITH LEAVE PETITION (L) NO.28708 OF 2025 Marico Limited ...Applicant/

Ori. Plaintiff In the matter between Marico Limited vs.

M/s. Minolta Natural Care and Others ...Respondents/

VISHAL SUBHASH Defendants PAREKAR Digitally signed by VISHAL SUBHASH Mr. Hiren Kamod a/w. Mr. Nishad Nadkarni, Mr. Aasig Navodia, Ms.

PAREKAR Date: 2025.12.09 Khushboo Jhunjhunwala, Ms. Rakshita Singh, Ms. Jaanvi Chopra i/b.

20:05:36 +0530 Khaitan & Co., for the Applicant/Plaintiff.

Mr. Anil Goel, for Defendant No. 3.

CORAM : SHARMILA U. DESHMUKH RESERVED ON : NOVEMBER 18, 2025 PRONOUNCED ON : DECEMBER 9, 2025 -------------- ORDER :

1. This is an action for infringement of trade mark, copyright and passing off. By the present application, the Plaintiff seeks interim restraining orders against the Defendants from infringing the Jasmine registered marks, Hair & Care registered marks, by using the impugned Jasmine logo and Hair Protection logo and the impugned labels/packaging or the impugned bottles/containers or anything identical or similar to the Jasmine and Hair & Care registered marks and Hair & Care registered marks including the logos, packaging/labels and trade dress or any features thereof.

2. The Plaintiff’s hair oil products are marketed under the trade mark ‘Parachute Jasmine’/ ‘Parachute Advansed Jasmine’ , which was an extension of its house mark “Parachute” since the year 2000. The Plaintiff created a unique and stylized representation of its trade mark Parachute Jasmine i.e. called as Jasmine Logo stated to be an original artistic work in which the copyright subsists in the Plaintiff. The Plaintiff has secured trade mark registrations in respect of its device marks Parachute Jasmine/ Parachute Advansed Jasmine set out in paragraph 21 of the plaint and the registration certificates are appended to the plaint. Over period of time, the Plaintiff revised the trade dress by introducing slight variations while retaining its distinctive and essential features, its unique packaging/ label as well as the essential features of the Jasmine artwork and packaging. The specimen table depicted the Plaintiff’s labels/packaging as enhanced over the years is set out in paragraph 16 of the plaint. It is submitted that even post the introduction of the revised Logo/Device/ Labels, stocks of the Plaintiff’s product sold under the initial packaging/ labels continue to be available and are in circulation in the market to the public at large. It is

submitted that the Plaintiff’s Jasmine packaging/ label has been recognized as a well known trade mark by the Bombay High Court.

3. The infringement is also claimed of the Plaintiff’s Hair & Care product. It is submitted that the Hair & Care trade mark adopted in the year 1990 for use in respect of hair oils and personal wellness product. In or around the year 2003, the Plaintiff created a distinctive stylized representation of its mark Hair & Care, the copyright in which subsists in favour of the Plaintiff. As in case of the Jasmine products, even the Hair & Care trade dress was modified from time to time while retaining its distinctive and essential features. The copyright in the original artwork subsists in favour of the Plaintiff. In paragraph 36 of the Plaint, the details of the registrations obtained in respect of the word mark as well as the device marks of the Hair & Care trade mark are set out. In order to demonstrate the goodwill and reputation the sales turn over duly certified by the Chartered Accountant has been set out. An indicative list of awards bestowed on the Plaintiff has been set out in paragraph 5 of the Plaint.

4. It is pleaded that in or about July, 2016, the Plaintiff came across the oil products manufactured and marketed by Defendant Nos. 1 and/or Defendant No 3 under the mark “Sangini” bearing labels/trade dress/packaging whic