On August 13, the Bombay High Court has imposed a substantial cost of ₹50 lakh on Premier Stationery Industries Pvt. Ltd. for contempt of court regarding the Fevicol trademark. On August 13, Justice Riyaz Chagla addressed the blatant disregard for an injunction order that prohibited the use of any deceptively similar trademarks.
The court found that the defendants continued to sell products resembling Fevicol, including items like Fevicol MR Artistic Work and Fevicol MR Glue Pens, despite an existing injunction. Justice Chagla rejected the defendants' claim that they had sold the company to Rajinder Puri Goswami, which they argued exempted them from liability under the court's July 13, 2017 injunction order.
The judge noted that the defendants had made false statements in their affidavit, asserting they had ceased business operations—claims that were directly contradicted by the evidence presented. "The respondents may have produced their income tax returns showing 'NIL', however, this does not detract from the fact that the business was being carried out by the respondents through interrelated parties," Justice Chagla stated in his order.
Additionally, the judge pointed out that the interconnected relationships among the defendants indicated that they were aware of the final order and consent terms. He noted, "The respondents have failed to offer any apology, let alone an unconditional apology, which is evident from their lack of remorse for their wrongful acts."
To uphold the integrity of the Court’s orders, Justice Chagla deemed it necessary to impose a penalty rather than resort to civil imprisonment and ordered the respondents to pay ₹50 lakh to Pidilite Industries within four weeks of the order being uploaded on the High Court website. Failure to comply could lead to custody and detention for up to two weeks in Arthur Road Jail, Mumbai. The original injunction was granted following an agreement in July 2017, requiring the defendants to halt sales of products similar to Fevicol, a directive they continued to flout.
Case Reference: Pidilite Industries vs. Premier Stationery Industries Pvt. Ltd. (Contempt Petition 28560 of 2024)
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