INDIA BUSINESS WORLD - FEBRUARY 2007
The Month that was ...

HC RESTRAINS WYETH FROM USING RECKITT & BENCKISER'S DESIGN

The Delhi High Court has restrained Wyeth Limited, manufacturer of hair removal cream Anne French, from manufacturing and selling its products with design similar to that of Reckitt Benckiser (India) Ltd. Passing the restraint order, Justice Gita Mittal said the plaintiff (Reckitt and Benckiser) has made out a prima facie case for grant of ad interim protection. Reckitt and Benckiser India Limited approached the high court after it found that its rival Wyeth Limited is selling its products in question with S-shaped spatula design, which only it had the exclusive rights for.

Contending that S-shaped design has become exclusively associated with the plaintiff (Reckitt and Benckiser), the suit said members of the public and those of the trade are aware of the said product sold under the design and associate the same with Reckitt and Benckiser.