HC restrains firm from using ‘Devtol’ says it infringes ‘Dettol’ trademark

PTI, Jun 1, 2020, 4:27 PM IST

New Delhi: The Delhi High Court has restrained a company from using mark ‘Devtol’ for manufacturing and selling hand sanitisers saying it infringes the trademark and logo of well-known antiseptic ‘Dettol.’

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, also imposed a cost of Rs 1 lakh on the manufacturer of ‘Devtol’ hand sanitisers and directed that the amount be deposited to the Juvenile Justice Fund within a week.

The order came on a suit by Reckitt Benckiser (India) Pvt Ltd seeking a permanent injunction against Mohit Petrochemicals Pvt Ltd for selling hand sanitisers under the brand name ‘Devtol’.

“To be noted, the plaintiff (Reckitt Benckiser) is a manufacturer of a well-known antiseptic which is sold under the registered trademark and logo ‘Dettol.’ The plaintiff has approached this court seeking various reliefs against the infringing mark and logo, that is, ‘Devtol,’” the judge said.

The court decreed the suit in favour of Reckitt Benckiser, represented through senior advocate Chander Lall and lawyer Nancy Roy.

The court passed the order after the counsel for the defendant made a statement that they will not manufacture and/ or sell the product, the hand sanitiser under the infringing mark ‘Devtol.’

‘Devtol’ claimed that it gave protection from COVID-19.

The defendant’s counsel Umesh Mishra also said they have taken steps to withdraw the infringing mark and have already written to their agents and dealers to withdraw the product bearing the infringing mark from the market.