Midas Hygiene Industries v. Sudhir Bhatia

"In IP infringement cases, mere delay won't defeat grant of injunction"

Case Details:

Supreme Court of India: The case was decided on January 22, 2004.

Plaintiff's Claim: Midas Hygiene Industries claimed prior and prominent user of the phrase "Laxman Rekha" as part of their product description, and alleged that Sudhir Bhatia's product "Magic Laxman Rekha" infringed on their trademark and copyright.

Defendant's Actions: Sudhir Bhatia had previously worked with Midas Hygiene Industries and later launched a similar product with a deceptively similar packaging design.

Court's Decision: The Supreme Court ruled in favor of Midas Hygiene Industries, setting aside the High Court's judgment that had vacated the interim injunction. The Court held that mere delay in bringing action is not sufficient to defeat the grant of injunction in cases of trademark or copyright infringement .

Key Takeaways:

Injunction in IP Infringement Cases: The Court emphasized that in cases of intellectual property infringement, an injunction would normally follow, especially when the adoption of the mark is dishonest.

Dishonest Adoption: The Court found that Sudhir Bhatia's adoption of the mark "Magic Laxman Rekha" was prima facie dishonest, indicating an intention to pass off their goods as those of Midas Hygiene Industries.