Unauthorized Online Sales and Import of "Carall" Perfume Halted Amid Allegations of Evasion of Customs Duty and GST
In a significant development concerning intellectual property rights, the Bombay High Court has granted interim relief to Harukado Co. Ltd. in their case against unauthorized online sales and import of the "Carall" car perfume. The case, presided over by Justice Sharmila U. Deshmukh, revolves around allegations of trademark infringement by several defendants, including retailers and importers accused of selling and importing the product without proper authorization.
The court's decision came after Harukado Co. Ltd., the plaintiff, argued that their trademark "Carall" was being used without authorization for online sales on various e-commerce platforms. The interim relief was initially granted on April 29, 2026, against several defendants, who allegedly failed to show up or provide evidence of authorization for the sales or import of the products.
The plaintiff's counsel, Mr. Rashmin Khandekar, emphasized that the defendants, particularly Defendant No. 9, were involved in unauthorized importation of the products. This was substantiated through trade data indicating that the products were being imported at prices significantly lower than the official price list, raising suspicions of counterfeit or expired goods, or potential evasion of customs duty and GST.
Despite being served notices, several defendants, including Defendant Nos. 1, 2, 3, 9, 13, and 15, did not appear in court or file any opposition. This lack of response reinforced the plaintiff's claims, leading the court to grant interim relief in terms of prayer clause (a) against these defendants. The ruling effectively halts the unauthorized sale and import of the "Carall" products, pending further legal proceedings.
The court observed that the absence of any authorization from Harukado Co. Ltd., the owner of the "Carall" trademark, for online sales, coupled with the failure of the defendants to provide evidence of genuine import or purchase, suggests that the products may not be authentic. This scenario, according to the court, constitutes unauthorized use and consequent infringement of the trademark.
The Bombay High Court's decision underscores the importance of protecting intellectual property rights and serves as a cautionary tale for businesses involved in unauthorized sales and imports. The case will continue as the court examines further evidence and arguments from both parties.
Bottom line:-
Trademark infringement - Unauthorized online sale of car perfume under the trademark "Carall" - Interim relief granted to the Plaintiffs against Defendants involved in unauthorized import and sale of infringing products.
Statutory provision(s): Trademark infringement, Unauthorized import and sale, Interim relief, Customs duty, GST, Intellectual Property Rights.
Harukado Co. Ltd. v. Gautam Sanjay Mane, (Bombay) : Law Finder Doc id # 2898838
