Success Again For P&G In Infringement Suit

Consumer goods giant Procter and Gamble (“P&G”) recently filed a lawsuit against Kani Soap Works, Chennai on several grounds:

– infringement of its registered trademark – the ‘Ariel Atomium’ trade mark;

– infringement of copyright subsisting in the ‘Ariel Atomium’ mark’s artwork; and

– passing off on account of Kani Soap Works’ use of both its Ariel Atomium mark as well as P&G’s ‘proprietary orange colour’ employed on its trademark ‘TIDE’ products.

The misuse was with respect to identical goods – detergents for household and laundry use – and Remfry & Sagar filed the suit on behalf of P&G.

Finding merit in our arguments, the High Court of Bombay was quick to issue an injunction restraining Kani Soap Works from using P&G’s trademarks and copyright. Also, it directed that a Local Commissioner be appointed to visit the Kani Soap Works​​’ premises to search, seize and inventorise all objectionable products. The subsequent search led to seizure of a considerable quantity of objectionable goods. Less than a week later, the suit was decreed in favour of P&G along with an award of costs of INR 1 million (approx. USD 14,000) payable to charitable institutions.