Delhi High court have imposed cost of Rs. 1 Lakh on “Devtol” Hand Sanitizer by Mohit Petrochemicals company for infringing the Trademark of Dettol.
A single judge bench of Justice Rajiv Shakdhar has passed the order..
Senior Advocate Chandre lall with Advocates Nancy Roy and Jawahar Lal appeared for plaintiffs and Advocate Umesh Mishra appeared for Defendant.
Reckitt Benckiser (India) Pvt. Ltd. (Plaintiff) had moved to High court after discovering that Mohit Petrochemicals Pvt Ltd. (Defendant) was selling hand sanitizers under the brand name “Devtol”.
“Devtol” claimed that it gives protection from covid-19.
Plaintiff submitted that they are owner of the well known antiseptic which has been sold under the brand name of “Dettol” since years.
Therefore, when plaintiffs came to know about the infringing mark “Devtol” they immediately moved to court for seeking relief on this behalf.
The Defendant, appeared in court on the advance notice and stated that he has already taken steps to withdraw the infringing mark, “Devtol” and also said that they would not further manufacture or sell hand sanitizers under the infringing mark.
It was further submitted by the defendant that they have already taken steps to curb distributors and sellers to furter sell the product under the name of infringing mark.
In view of the above statements, the plaintiff urged the court that the suit may be decreed.
Recognizing that “Dettol” is a well known mark, the court proceeded to pass a decree of permanent injunction against the Defendant with respect to the mark “Devtol” and ordered them to recall their existing stock from the market.
Further, the high court also imposed cost on the Defendant of Rs. 1 Lakh which shall be deposited to the juvenile justice fund being maintained in the name of the Registrar general of the High court.