Bombay HC gives interim ruling in favour of Pidilite Industries

The packaging and name of Riya Chemy’s adhesive, “R-Seal,” have been temporarily prohibited by the Bombay High Court after Pidilite Industries claimed that they are confusingly similar to their own glue, “M-Seal,” and that this could lead to consumer confusion.

The court ruled that Riya Chemy, which is from Karnataka, must wait for additional directives.

Pidilite Industries, the owner of the brands Fevicol, Dr Fixit, and Fevikwik, filed a lawsuit in court, claiming that Riya Chemy’s “M-Seal” product is identical to that company’s product and has misleadingly similar packaging and labelling.

Advocate Hiren Kamod and Nishad Nadkarni of the law firm Khaitan & Co argued on behalf of Pidilite prior to the court’s decision that the defendant’s dishonesty in adopting the mark as well as its representation–including the underline from the end of the first alphabet to the last and the colour scheme–is evident.

The registration certificates of both of Riya Chemy’s marks, according to attorney S. Ramakrishnan, would demonstrate that the Trademark Registry has thoroughly examined the respective marks.

To prevent Riya Chemy from using “R-Seal” or any other comparable mark on its products until further order, the court upheld Pidilite’s arguments.

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