Delhi High Court Grants Interim Relief to Colgate Palmolive Co in Trademark Infringement Case
Urgent Measures Ordered Against Alleged Trademark Infringement at Mundra Port, Customs to Seize and Examine Goods
In a significant ruling by the Delhi High Court on September 17, 2025, Justice Tejas Karia granted interim relief to Colgate Palmolive Co, a renowned US-based oral care company, in its lawsuit against John Doe & Others. The case revolved around alleged trademark infringement of Colgate's registered trade dress and trademark by the defendants.
Colgate Palmolive Co, represented by Senior Advocate Ms. Swathi Sukumar, sought urgent intervention to prevent the import and distribution of infringing toothbrushes branded as 'DOCTOR GOOD', which featured a trade dress closely resembling Colgate's distinct 'Red-White' and 'Red-Blue' color combinations. These infringing goods were reportedly shipped from China to Mundra Port, Gujarat, and were intended for distribution in Africa, potentially impacting Colgate's goodwill and reputation in the market.
Highlighting the deceptive similarity between Colgate's and the defendants' trade dress, Justice Karia found a prima facie case in favor of Colgate. The court noted that the impugned trade dress adopted identical color schemes and placements as Colgate's, creating a similar visual impression likely to confuse consumers.
Recognizing the urgency, the court exempted Colgate from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, following the precedent set by the Supreme Court in Yamini Manohar v. T.K.D. Krithi. The court also allowed Colgate to file additional documents and a comparison chart of the trade dresses, aiding its case.
To mitigate the alleged infringement, Justice Karia issued crucial directions to the Customs Department. The court ordered the inspection and seizure of boxes marked 'ASB026' and 'ASB027' in Container No. IAAU1891912 at Mundra Port. Customs officials, accompanied by Colgate representatives, were instructed to examine the goods for infringing trade dress and submit a detailed report to the court, including photographs and relevant details. The seized goods are to be stored in a Customs bonded warehouse pending further orders.
Colgate committed to covering all expenses associated with the inspection, storage, and potential demurrage charges, in adherence to the Customs Manual and Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
This judgment marks a pivotal step in safeguarding intellectual property rights, demonstrating the court's proactive stance in addressing trademark infringement cases. The matter is scheduled for further directions on October 28, 2025.
Bottom Line:
Commercial Courts Act, 2015 - Exemption from pre-institution mediation granted in light of urgent interim relief sought - Infringement of registered trade dress and trademark - Prima facie case made out for deceptive similarity between Plaintiff's and Defendants' trade dress.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Code of Civil Procedure, 1908 Order XI Rule 1(4), Rule 1(5), Trade Marks Act, 1999 Section 29(6)(c), Copyright Act, 1957 Section 51(b)(iv), Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, Customs Act, 1962 and Relevant Rules
Colgate Palmolive Co v. John Doe, (Delhi) : Law Finder Doc Id # 2782686
