Calcutta High Court Restrains Godrej from Selling Spic Bottle Over Harpic Trademark Dispute

• Calcutta High Court issued an ad-interim injunction against Godrej Consumer Products Limited, preventing the sale of its 'Godrej Spic' toilet cleaner.
• The court found the 'Godrej Spic' bottle shape 'virtually identical' to Reckitt Benckiser's registered Harpic bottle shape.
• Justice Ravi Krishan Kapur clarified that the expiry of a design registration does not extinguish trademark rights if the bottle shape is a registered trademark.
• Reckitt's case relied on its trademark registration (TM No. 3491010), which includes multiple views of the bottle, qualifying for protection under the Trademarks Act.
• Godrej's defense, arguing design expiry and common use, was rejected, with the court noting the likelihood of consumer confusion due to striking similarity.