01/03/2026
Calcutta High Court Sets Aside Injunction in Godrej vs Reckitt Bottle Shape Dispute
In a significant trademark ruling, the Calcutta High Court set aside an ad-interim injunction that had restrained Godrej Consumer Products from using its “Spic” toilet cleaner bottle. The dispute arose after Reckitt Benckiser (India) Pvt. Ltd., maker of Harpic, claimed trademark infringement over its registered “Harpic bottle and cap” device mark.
A Division Bench of Justices Rajasekhar Mantha and Md. Shabbar Rashidi held that the injunction granted at the interim stage was not warranted. The Court observed that the dispute largely revolved around advertisements rather than pure trademark infringement. It also raised serious doubts about enforcing trademark rights solely over bottle shape, especially after expiry of design protection.
The Bench clarified that a registered device mark must be examined as a whole, and shape alone cannot automatically establish infringement unless overall branding, colour scheme and trade dress are copied. The injunction was therefore set aside and the matter directed for full hearing.
🔎 Key Takeaway:
Trademark protection over product shape and trade dress must be strategically secured. Businesses should conduct proper registration, enforcement planning and legal review before disputes escalate.
Protect your brand before litigation impacts your business.
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