#superexcel

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The Calcutta High Court granted an interim injunction against Vijay Viswakarma for infringing the trademark of a product of Hindustan Unilever Limited. The case is about washing detergents. Hindustan Unilever Limited is the registered proprietor of the product, brand and trademark “Surf Excel”, “Surf”, and “Excel”. The plaintiff further claims to be the assignee of the copyright in the artwork and painting used in the labels/wrappers for packaging of the detergent powder "Surf Excel".

The plaintiff alleges that in Gaya (Bihar) the defendant was manufacturing, selling and distributing detergent soap with the mark "SUPER EXCEL" in packets having artistic work, trade design, graphics and a colour scheme similar, to the label and the trademark in which the plaintiff's product "SURF EXCEL" is available.

The plaintiff complains of infringement of its said trademarks as well as its copyright in respect of the said artistic work. HUL prays for an ex-parte ad interim order of injunction against the defendant to restrain the infringement. Section 29 of the Trademarks Act 1999 and Section 51 of the Copyright Act 1957 says about infringement.

About six years ago, HUL set up a dedicated team of twenty brand protection specialists to fight against the fake items in markets. In this case, the Court observed found the defendant deceptively imitated the label and trademark of the plaintiff. The evidence presented by the plaintiff satisfied the Court on the issue that the defendant infringed the copyright of the artistic works of the plaintiff.

The Court appointed one Learned Advocate as the Special Officer who shall visit the place of business of the defendant at Village Sagahi, Gaya in the state of Bihar and also other godowns of the defendant where the infringing products may be stored. It is also ordered that police assistance can be taken to search the infringing products if required. The order also states that Officer -in- Charge of the concerned police station, if approached by the Special Officer, shall extend all assistance in implementing this order. The Special Officer shall be entitled to an initial remuneration of 2500 GMs to be paid by the plaintiff. A competent officer of the plaintiff shall assist the Special Officer to serve a copy of the petition and a copy of this order on the defendant.