Mumbai: The Bombay High Court has delivered a significant judgment in favor of Marico Limited, granting comprehensive interim relief against Zee Hygiene Products Pvt. Ltd. and others for trademark infringement and copyright violation concerning the iconic “Parachute” brand.
Justice Sharmila U. Deshmukh heard the commercial intellectual property suit involving Marico Limited’s registered trademarks, including “PARACHUTE,” “PARACHUTE ADVANSED,” and “PARACHUTE JASMINE/PARACHUTE ADVANSED JASMINE.” The court observed, “This is an action for infringement of the Plaintiff’s trademark and copyright, and for passing off. The interim application has been moved after notice to the Defendant seeking interim reliefs.”
Discussing the origin of the brand, the court noted, “It is submitted that in the year 1948, the Plaintiff’s predecessor adopted the mark ‘PARACHUTE,’ which has been used openly and extensively since then. The Plaintiff’s edible coconut oil product is sold under the trademark ‘PARACHUTE’ in unique and distinctive packaging/trade dress—specifically, distinctively shaped blue bottles with a flag device.”
The court further took note of the Plaintiff’s arguments regarding the distinctive features of the packaging: “The flag device, with a green border against a blue background and a green coconut tree, with ‘PARACHUTE’ written in a distinctive white font, was introduced in 1997. This Flag Device has been declared a well-known trademark, as published in the Trade Marks Journal on February 24, 2024.”
On the issue of infringement, the court held, “It is prima facie evident that the Defendants are marketing their products under a trademark different from the registered mark. The device mark used by the Defendants, as disclosed in the plaint, is not disputed.”
The court emphasized the legal standard for infringement: “It is well settled that the test of infringement lies in the copying of essential features. Upon perusal of the Plaintiff’s mark, what immediately catches the eye is the distinctive shade of blue, the flag device with a green border and blue background, and the depiction of two broken coconuts oozing oil.”
Critically examining the defendants’ conduct, the court observed, “The essential features of the Plaintiff’s trademark—the flag device with a coconut tree, two broken coconuts with oozing coconut oil, and the distinct color combination of blue, green, and white—have been slavishly copied by the Defendants in a manner intended to closely resemble the Plaintiff’s mark.”
Rejecting the defense of delay, the court cited precedent: “In Jagdish Gopal Kamath v. Lime & Chilli Hospitality Services, this Court held that in trademark infringement matters, delay alone, absent acquiescence, does not bar injunctive relief.”
The court acknowledged Marico’s significant market presence, noting a sales turnover of approximately ₹2,037 crore and promotional expenditure of around ₹13 crore in 2023–24—establishing substantial goodwill and reputation.
Granting interim relief, the court ordered: “Pending the hearing and final disposal of the suit, the Defendants, their directors, partners, servants, agents, and all others acting on their behalf are restrained from infringing, in any manner, the Parachute registered marks.”
A four-week stay has been granted on the implementation of the order to allow the Defendants time to comply.
Advocates Hiren Kamod, along with Nishad Nadkarni, Aasif Navodia, Khushboo Jhunjhunwala, Jaanvi Chopra, and Rakshita Singh, appeared for the Plaintiff. Advocate Harsh Desai represented the Defendants.
Case Title: Marico Limited vs. Zee Hygiene Products Pvt. Ltd. & Ors.
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