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In a Judgment dated August 13, 2024, the Bombay High Court sanctioned Premier Stationery Industries Pvt Ltd of contempt of court due to repeated violation of a 2017 injunction. This order originally barred Premier from using packaging similar to Pidilite industries “Fevicol MR” trademark. Pidilite initiated contempt proceedings after observing that Premier continued to market products with packaging designs that mimicked Fevicol’s, confusing customers and infringing on intellectual property rights.

Pidilite’s counsel contented that Premier’s actions breached the 2017 court order and showed a deliberate disregard for legal directives. Premier, however, argued they had transferred ownership and ceased operations relevant to the injunction. They claimed ignorance on the part of the new management.

Justice Riyaz Chagla found Premier’s defense unconvincing, emphasizing that ignorance of court orders could not be a valid excuse. The court noted Premier’s continued infringement despite the injunction, indicating willful defiance of the court’s authority. Justice Chagla further highlighted the defendant’s lack of remorse, underlining the seriousness of their misconduct.

The court imposed a fine of ₹ 50 lakh on Premier Stationery and ordered them to cease all infringing activities immediately. It further warned that non-compliance might result in civil imprisonment for involved parties. The ruling reinforces the protection of intellectual property rights in India and affirms that contempt of judicial orders will result in stringent penalties.

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Prepared by : Drashti S. Varmora (Advocate)