Bombay High Court Imposes ₹50 Lakh Fine on Premier Stationery for Fevicol Trademark Violation
In a significant ruling, the Bombay High Court has imposed a fine of ₹50 lakh on Delhi-based Premier Stationery Industries for violating the trademark of Fevicol, a well-known brand owned by Pidilite Industries. The court’s decision came on August 13, after Premier Stationery continued to use trademarks similar to Fevicol despite a previous injunction.
Court’s Decision and Criticism
The single-judge bench, led by Justice RI Chagla, directed Kusum Puri Goswami and Rajinder Puri Goswami, associated with Premier Stationery Industries, to pay the fine to Pidilite Industries within four weeks. The court warned that failure to comply with this order would result in their detention in civil prison for two weeks.
Besides imposing the fine, the court also criticized Premier Stationery for showing no remorse and failing to comply with previous court orders. The court’s stern stance highlights the seriousness with which it views trademark violations and non-compliance with legal injunctions.
Background
The contempt petition was filed by Pidilite Industries in 2021, citing willful disregard and disobedience of an order dated July 13, 2017. This order had been issued in response to a commercial suit filed by Pidilite Industries, which sought to protect its Fevicol brand from trademark infringements.
Despite the injunction, Premier Stationery allegedly continued to use trade labels, trade dress, and color schemes similar to those of Fevicol products. These included glue bottles and glue pens that closely resembled Fevicol’s packaging, leading to the contempt petition.
The Defense
In response to the contempt petition, Premier Stationery Industries and its owners, Kusum Puri Goswami and Rajinder Puri Goswami, claimed they had sold the business in 2017 to Select Stationery Industries (India) Pvt Ltd, which later renamed itself as Premier Stationery Industries (India) Pvt Ltd. They argued that they were not aware of the consent terms and court order, and therefore, should not be held liable.
However, the court rejected this defense, stating that the processes and orders of the court should not be disregarded or breached by any parties. The court emphasized the need for strict action against such conduct, highlighting that both Premier Stationery and the Goswamis were responsible for the violation of the consent terms.
The Bombay High Court’s decision to impose a hefty fine on Premier Stationery Industries underscores the importance of respecting trademark rights and complying with court orders. This case serves as a stark reminder to businesses about the legal repercussions of trademark infringement and the importance of adhering to judicial directives.
By taking such a firm stand, the court has sent a clear message about the seriousness of intellectual property rights violations and the necessity of maintaining the integrity of legal processes.
Image courtesy – Live Law
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