Mumbai: The Bombay High Court has granted interim relief to Marico Ltd., restraining Zee Hygiene Products Pvt. Ltd. from using packaging, labels, and containers deceptively similar to Marico’s well-known “Parachute,” “Parachute Advanced,” and “Parachute Jasmine” products.
Justice Sharmila U. Deshmukh, on June 25, while ruling on Marico’s interim application, noted that Zee Hygiene, though a registered owner of the mark “Cocoplus,” was not using the trademark in its registered form. Instead, it was found to be marketing products with packaging that bore striking resemblance to Marico’s trade dress and trademarks. The Court remarked that the “essential features” of Marico’s products had been “slavishly copied.”
Marico argued that it holds long-standing registrations for various marks including the “Parachute” word and device marks, along with unique identifiers such as the flag, tree, and broken coconut logos. These have been in continuous use since 1948, it submitted.
Zee Hygiene claimed its mark “Cocoplus” had been in use since 2008 and registered since 2005. However, the Court observed that the packaging actually used by the company was not the one registered and was deceptively similar to Marico’s products. Cease and desist notices were issued by Marico in 2010 and 2021, but the defendant allegedly continued with the infringing packaging.
On the question of delay in filing the suit, the Court held that delay alone does not defeat a trademark infringement claim unless there is clear acquiescence.
The Court restrained Zee Hygiene from using any deceptively similar packaging or branding but granted a four-week stay on the order following a request by the defendant.
