The Delhi High Court Has Imposed Costs Of Rs One Lakh On the Manufacturer Of ‘Devtol’ Hand Sanitizers In A Trademark Infringement Suit.
A suit was filed by Reckitt Benckiser (India) Private Limited seeking a permanent injunction against Mohit Petrochemicals Private Limited for selling hand sanitizers under the brand name ‘Devtol’.’ Devtol’ claimed that it gave protection from COVID – 19. Reckitt Benckiser is a manufacturer of well-known antiseptic which is sold under the registered trademark and logo of ‘Dettol’. The Plaintiff (Reckitt Benckiser) approached the court seeking various reliefs against the infringing mark and logo that is ‘Devtol’ including a direction to permanently restrain the defendant from infringing its trademark.
Senior Advocate Chander all along with Nancy Roy and Jawahar Lal appeared on the behalf of the plaintiff whereas Advocate Umesh Mishra appeared on the behalf of the Defendant.
This case was heard by Single judge bench Justice Rajiv Shakdher via video conferencing on June 1, 2020. The defendant’s counsel Umesh Mishra who appeared on advance notice stated before the Court that they have taken steps to withdraw the infringing mark and have already written to their agents and dealers to withdraw the product bearing the infringing mark from the market.
Recognizing that the Dettol was a well-known mark Court decreed the suit in favor of Reckitt Benckiser (India) Private Limited. The court ordered them to recall their existing stock from the market and restrained the company i.e. Mohit Petrochemicals Private Limited from using trademark ‘Devtol’ for manufacturing and selling hand sanitizers saying it infringes the trademark and logo of well-known antiseptic Dettol. The Court also imposed a cost of Rs one lakh on the manufacturer of ‘Devtol’ hand sanitizers and directed that the amount be deposited to the Juvenile Justice Fund within a week.