‘Gandhi No 1’ axed by India Inc biggie!

For big corporates,when it comes to competition,even the name Gandhi is not sacrosanct.

Hearing a plaint filed by Godrej Consumer Products Ltd,the Bombay High Court has restrained Gandhi Soaps and Detergents Industries from manufacturing and selling their toilet soap brand ‘Gandhi No 1’ as it bears a striking resemblance to rival soap brand ‘Godrej No 1’.

Granting ad-interim relief to Godrej Consumer Products Ltd recently,Justice S C Dharmadhikari observed “the averment in the plaint and the package brought to my notice prima facie establish that the defendant has brought in similar product with identical get up and colour scheme so as to cash on the reputation of the established mark of the plaintiff”.

“In such circumstances,prima facie case is made out. Even the urgency has been made out”,the judge noted. The court issued notice to Himachal Pradesh-based Gandhi Soaps and Detergents Industries to show cause as to why the reliefs claimed in the notice of motion moved by Godrej should not be granted.

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The Notice has been made returnable on September 13. The court also granted ad-interim relief in favour of Godrej by restraining the defendants from marketing and selling their products till September 13.

Counsel for Godrej,Virag Tulzapurkar,argued that plaintiff’s reputation in the market is well-established. They are in the business of selling soaps,detergent,bleaching preparations.

He also drew the attention of the court to the wrapper/package of the plaintiff’s soap and defendant’s products wherein identical soap was being sold by the Gandhi Soaps and Detergents Industries Ltd.

Inspecting the wrappers and products,the judge observed “even the fragrance and the colour scheme of the products (soaps) is the same. The averments in the plaint and the package brought to my notice prima facie establish that the defendant has brought in similar product with identical get up and colour scheme so as to cash on the reputation of the established mark of the plaintiff”,the judge remarked.