The Bombay High Court recently imposed a fine of ₹50 lakh on Premier Stationery Industries Pvt. Ltd. and its associated companies for violating a previous court order that protected the Fevicol MR trademark owned by Pidilite Industries [Pidilite Industries v. Premier Stationery Industries].
Pidilite Industries, the owner of the renowned Fevicol brand, initially filed a lawsuit against a stationery company, which Premier Stationery later acquired. Pidilite accused the company of imitating Fevicol’s distinctive packaging and branding for glue bottles and guns.
Following a consent agreement, the court issued a permanent injunction in Pidilite’s favor on July 13, 2017, prohibiting any use of similar packaging. Premier Stationery acquired the company later that year.
However, in August 2020, Pidilite reported that Premier Stationery had resumed using the infringing packaging, prompting Pidilite to initiate contempt proceedings against the company.
During the hearing, Premier Stationery argued that it was not bound by the earlier court orders because it acquired the business after the initial ruling and did not consent to those orders.
Justice R.I. Chagla dismissed this argument, stating that the court’s authority in contempt proceedings extends beyond the rights of parties in execution proceedings. The court found that Premier Stationery was aware of the prior court order, despite its claims to the contrary.
The court not only imposed the hefty fine but also criticized Premier Stationery for showing no remorse or regret for its actions and for failing to comply with the previous orders.
“The Respondents have failed to offer any apology, let alone an unconditional apology, and this is evident from their lack of remorse or regret for their wrongful acts and/or willful disobedience of the Court’s Orders. It is well settled that the Court ought not to allow its processes to be set at naught and/or breach of its Orders by parties such as the Respondents, and strict action ought to be taken against the Respondents for their malafide conduct,” the court stated.
In addition to the financial penalty, Premier Stationery was ordered to immediately cease using the infringing packaging and destroy any remaining products. The court also warned that continued non-compliance could result in further legal consequences, including potential civil imprisonment.
Pidilite was represented by Advocates Hiren Kamod, Nishad Nadkarni, Aasif Navodia, Khushboo Jhunjhunwala, Jaanvi Chopra, and Rakshita Singh of Khaitan and Co. Premier Stationery was represented by Advocates Aseem Naphade, Pooja Yadav, Sonali Bhosale, J.V. Bhosale, and Akshay Dunde.
