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2026 Supreme(Online)(Del) 5785

IN THE HIGH COURT OF DELHI AT NEW DELHI
RECKITT AND COLMAN OVERSEAS HYGIENE HOME LIMITED & ORS. – Appellant
Versus
MR. AKASH ARORA TRADING AS M/S GRAND CHEMICAL WORKS – Respondent
CS(COMM)-1052/2024



* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28.03.2026 + CS(COMM) 1052/2024 & 5358/2025 RECKITT AND COLMAN OVERSEAS HYGIENCE HOME LIMITED & ORS. .....Plaintiffs versus MR. AKASH ARORA TRADING AS M/S GRAND CHEMICAL WORKS. ....Defendant Advocates who appeared in this case For the Plaintiffs : Mr. Chander M. Lall, Senior Advocate with Ms. Nancy Roy, Ms. Prakriti Varshney and Ms. Annanya Mehan, Advocates.

For the Defendant : Mr. Darpan Wadhwa, Senior Advocate with Mr. Sudeep Chatterjee, Mr. Rohan Swarup, Ms. Tanya Arora, Mr. Rajit Ghosh and Ms.

Aastha Verma, Advocates.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J I.A. 46336/2024 (U/O XXXIX R-1 & 2 of Code of Civil Procedure, 1908) 1. This is an Application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, restraining the infringement of Trade Marks, passing off, infringement of Design and infringement of Copyright.

2. The present dispute concerns the infringement of the Trade Marks, Trade Dress and Bottle Designs of the toilet cleaner sold by the Plaintiffs under the Mark ‘HARPIC’, glass and house cleaner under the Mark ‘COLIN’ and disinfectants under the Mark ‘LIZOL’ (“Plaintiffs’ Products”). The Plaintiffs use distinctive Trade Dresses for sale of the Plaintiffs’ Products under the Marks, ‘HARPIC’‘ ’, ‘COLIN’ ‘ ’

‘LIZOL’‘ ’ (“Plaintiffs’ Trade Dresses”).

SUBMISSIONSONBEHALFOFTHEPLAINTIFFS:

3. The learned Senior Counsel for the Plaintiffs made the following submissions:

3.1. Plaintiff No. 1 is an internationally renowned transnational corporation based out of the United Kingdom. Plaintiff No. 1 is a subsidiary of Reckitt Benckiser Group Plc which has operations in almost all countries across the world, including India for many decades. Plaintiff No. 2 is an existing company incorporated under the laws of India and is engaged in the manufacture, packaging, sale and distribution of various health and hygiene products. Plaintiff No. 2 was incorporated on 05.07.1951. Pursuant to a worldwide merger between Reckitt Colman Plc and Benckiser, a Dutch Company in 1999, the name of Plaintiff No. 2 was changed from Reckitt & Colman India Limited to Reckitt Benckiser (India) Limited on 18.12.2000.

3.2. Plaintiff No. 3 is a limited liability company incorporated under the laws of United States of America and is a part of the Plaintiffs’ group of companies with operations in almost all countries across the world, including in India for many decades. Reckitt Benckiser Group Plc. is an internationally renowned transnational corporation based out of the UK and through its subsidiaries and affiliate companies, operates in several countries around the world and has operations in many countriesacrosstheworld,includinginIndia,fordecades.Thebusiness of the Plaintiffs comprises various consumer products including pharmaceuticals, surface care products, toilet care products, insecticides, and food.

3.3. The Plaintiffs have been using the Mark ‘HARPIC’ in India since as early as 1984 and launched toilet cleaners under the Trade Mark ‘HARPIC’ in India in the year 2001. The Mark, ‘HARPIC’ is a householdnameinthecategoryoftoiletcleanersandisthemostwidely used toilet cleaner brand in the country. The Plaintiffs have obtained registrations for the Mark ‘HARPIC’, the details of which are as follows:

3.4. The Plaintiffs’ Products under the Mark ‘HARPIC’ are identified not only by the Mark ‘HARPIC’ but the Trade Dress for the aforesaid products also act as a source identifier of the ‘HARPIC’branded toilet cleaners. A representation of the Plaintiffs’ Products under the Mark, ‘HARPIC’is as under:

3.5. The shape of the bottle and bottle cap, features and indentations on the bottle shape, curved pattern on the bottle shape, the distinctive style of writing ‘HARPIC’, colour scheme used in the packaging and the features and devices on the labels collectively form the Trade Dress for the Plaintiffs’Products under the Mark, ‘HARPIC’. Over the years the shape of the Harpic bottle

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