In the recent case of Pidilite Industries Limited vs. Fixo Industries and Anr., the Bombay High Court has granted ad-interim relief to Pidilite for the trademark infringement of its product “Fevi Kwik” by Fixo’s product “Fixo Kwik” based on deceptive similarity.
The Plaintiff conceived and adopted the trademark “Fevi Kwik,” an instant adhesive in 1987 and has been in circulation within the Indian markets since 1991. Further, Plaintiff had designed and adopted a unique and distinctive package for “Fevi Kwik” in November 2007.
The Defendant’s product, “Fixo Kwik,” was also similar in its placement of words and design of the packet of the adhesive, with a colourable imitation. The Defendant had applied for the registration of the mark twice and had been denied registration, but they continued using the mark.
The Court noted that “Fevi Kwik” had distinctive packaging and had been sold in the market for a considerable period of time. It further regarded the valid registration of the words/marks, the distinctive design, and the packets’ colour scheme, as Plaintiff placed on record. The Court was convinced of the goodwill enjoyed by Plaintiff’s product in the market.
The Court further noted that, on a bare perusal of the two marks, Defendant’s product was prima facie deceptively similar to Plaintiff’s registered trademark. This was sufficient evidence to show the probability of causing confusion to the consumers, thereby forming grounds for granting the plaintiff ad-interim relief.