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Court-Case Bulletins
March 30, 2018

Court decrees permanent injunction against counterfeit CORAGEN, DUPONT insecticides

In the matter of E.I. Du Pont De Nemours and Company and Ors. v. P. Srinivasa Rao & Ors. [CS (Comm.) 401/2016], the Plaintiffs relied on their registrations of the marks CORAGEN and DUPONT in respect of insecticides to seek a permanent injunction against the Defendants’ insecticides. The Plaintiffs alleged that the Defendants have been selling insecticides under the identical marks CORAGEN and DUPONT and with a very similar style of packaging. The Defendants did not file any Written Statement to contest the suit despite having been served.

The Court, by its decision dated February 21, 2018 took the view that “…the defendant(s)…have no justification for the adoption and use of virtually identical trade mark/dress and label as that of the plaintiff.

The Court’s decision was a summary decision (without referring the matter to trial) under Order XXIII-A of the CPC, 1908. The Defendants failed to contest the adoption of the summary procedure by the Court despite being served. The Court also granted costs to the Plaintiff.

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