Bombay High Court
Hindustan Unilever LimitedversusAmber Avenue Private Limited
- Decided
- Disposal
- DISPOSED OFF
- Bench
- SHARMILA U DESHMUKH
Holding
The court, accepting the parties' consent terms, decreed the suit granting perpetual injunctions restraining the defendants from infringing the plaintiff's Splat logo trademark and Surf Excel artistic works, and discharged the court receiver.
Summary
The parties in a commercial IP suit filed by Hindustan Unilever Limited against Amber Avenue Private Limited settled the dispute amicably. The consent terms, signed by the authorized signatories of both parties, were recorded and the court accepted them as an undertaking. The court decreed the suit in accordance with the prayer clauses (a), (b) and (c), granting perpetual injunctions restraining the defendants from infringing HUL's Splat logo trademark and from copying the artistic works of Surf Excel, and ordered the discharge of the court receiver without accounts. The court also ordered refund of court fees to the plaintiff and disposed of all interim applications. The leave petition filed by the plaintiff was allowed as the suit was settled.
Issues considered
- Whether the defendants infringed Hindustan Unilever's registered Splat logo trademark in Class 03.
- Whether the defendants infringed Hindustan Unilever's copyright in the original artistic works of Surf Excel.
- Whether a perpetual injunction should be granted to restrain the defendants from using the impugned logo, artwork, packaging or trade dress.
Subjects
- trademark infringement
- copyright infringement
- perpetual injunction
- settlement
- court receiver
- commercial IP suit
- Splat logo
- Surf Excel
- decree
Judgment
Digitally
signed by
SHAGUFTA
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 909-COMIP-L-3973-2026.doc
2026.05.11
17:54:36
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT (L) NO. 3973 OF 2026
Hindustan Unilever Limited …Plainti$/
Applicant
Versus
Amber Avenue Private Limited ...Defendant
WITH
INTERIM APPLICATION (L) NO. 4191 OF 2026
WITH
COURT RECEIVER’S REPORT NO.166 OF 2026
(NOT ON BOARD)
WITH
LEAVE PETITION NO.54 OF 2026
IN
COMMERCIAL IP SUIT (L) NO. 3973 OF 2026
——————
Ms. Niyati Davawala a/w Mr. Anil Shete, Ms. Nidhi Rao, Ms. Chandrika
Devda i/b Davawala & Co. for the Plainti /Applicant
Mr. Pratik K. Shah for the Defendants
Mr. Hitesh D. Parekh, Authorized Signatory of Defendant No.1 and
Proprietor of Defendant No.2 is present through VC
Mr. Naresh D. Parekh, Proprietor of Defendant No.3 is present through VC
Ms. Nandini Y. Deshpande, 1st Assistant to Court Receiver a/w Ms. E. S.
D’Souza, Section O/cer, Court Receiver’s O/ce, are present in Court
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : MAY 8, 2026
P. C. :
1. This Court is informed that the dispute has been amicably settled
SQ Pathan 1/4
909-COMIP-L-3973-2026.doc
between the parties. The Consent Terms are tendered, which are taken
on record and marked “X” for identi8cation. The Consent Terms are
signed by the authorized signatory of the Plainti$ and by the
Authorized Signatory of Defendant No.1/Proprietor of Defendant No.2
and the Proprietor of Defendant No.3, who are present virtually and
reiterate the terms of the Consent Terms. They submit to a decree on
admission in terms of prayer clauses (a), (b), and (c) of the plaint. Their
identities are veri8ed by their counsel. The resolutions are annexed to
the Consent Terms. The statement made in the Consent Terms is
accepted as undertaking given to the Court.
2. The Suit is decreed in terms of prayer clauses (a), (b), and (c) of
the plaint, which read thus:
“(a) the Defendants by themselves, their directors, servants,
agents, stockists, distributors, dealers and all persons claiming
through them be restrained by an order and perpetual
injunction of this Hon'ble Court from infringing the Plainti$s
registered Splat logo trade mark bearing Registration Nos.
1486106, 1486108, 1486109, 1486107, 1780462, 3912308,
4484160 and 4563303 all in Class 03, by the use of the
impugned logo (appended at Exhibit L-3 hereinabove) and/or
any other trade mark/ logo identical with or deceptively similar
to the Plainti$s registered Splat logo trade mark bearing
Registration No. 1486106, 1486108, 1486109, 1486107,
1780462, 3912308, 4484160 and 4563303 all in Class 03 in
respect of the goods covered by the Plainti$s aforesaid
registration or in any other manner whatsoever;
b) the Defendants by themselves, their directors, servants,
agents, stockists, distributors, dealers and all persons claiming
through them be restrained by a perpetual order and
injunction of this Hon'ble Court from manufacturing and/or
trading, marketing, importing, distributing, selling and/or using
SQ Pathan 2/4
909-COMIP-L-3973-2026.doc
in any manner whatsoever in relation detergent preparations,
the impugned artworks / packagings / trade dresses (appended
at Exhibits L-1 and L-2 hereinabove) bearing colour scheme, lay-
out, get-up, style, artwork, trade dress and representation or
any other artwork/s which is/are identical with and/or is/are
substantially/strikingly similar to the Plainti$s' original artistic
works of Surf Excel (appended at Exhibits D and E
hereinabove) so· as to infringe upon the Plainti$s subsisting
copyright in the original artistic works for . the aforesaid
products;
c) the Defendants by themselves, their directors, servants,
agents, stockists, distributors, dealers and all persons claiming
through them be restrained by an order and perpetual
injunction of this Hon'ble Court from using the impugned logo
and/or any other trade mark/ logo/ device which is identical
with and/or closely and deceptively similar to the Plainti$s said
well-known Splat Logo and/or from using the impugned
artworks / packagings / trade dresses/logo (appended at
Exhibit L-1; L-2 and L-3 hereinabove) and/or any other
packaging/trade dress/logo which is identical with and/or
deceptively similar to the Plainti$s' original artistic works of
Surf Excel (appended at Exhibits D and E hereinabove) and
Splat Logo (appended at Exhibit B hereinabove) so as to pass
o$ or enable others to pass o$ the Defendants' goods as and
for the Plainti$s well-known goods or in any other manner
whatsoever.”
3. Refund of court fees as per rules.
COURT RECEIVER’S REPORT NO.166 OF 2026 (NOT ON BOARD)
4. Court Receiver's Report is disposed of. Court Receiver stands
discharged without passing of accounts. All costs, charges and
expenses of the Court Receiver to be paid by the Plainti$ within a
period of 8 days on demand being raised from the oMce of the Court
Receiver.
SQ Pathan 3/4
909-COMIP-L-3973-2026.doc
INTERIM APPLICATION (L) NO. 4191 OF 2026
5. Interim Application (L) No.4191 of 2026 and other interim
applications, if any, do not survive for consideration and stand
disposed of.
LEAVE PETITION NO.54 OF 2026
6. As the Suit has been settled between the parties, Leave Petition
is allowed.
[SHARMILA U. DESHMUKH, J.]
SQ Pathan 4/4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.