‘Marine’ trademark infringement case favours Pidilite

The Mumbai High Court has issued a favourable order to Pidilite Industries by preventing another company from using the word ‘Marine’ on its products.  Pidilite Industries is one of the leading companies of adhesives and makers of well-known brands ‘Fevicol’ and ‘Fevicol Marine’.  Pidilite Industries had earlier filed a case in the court against Jubilant Agri & Consumer Products (JACP) for using its name ‘Marine’ for a product called ‘Jivanjor Marine Plus’.  Pidilite also claim that the word ‘Marine’ is registered with them and the usage of the term is a potential infringement on its trademark.

Pronouncing the court decision, Justice SJ Kathawala said: “When a customer goes to a shop to buy biscuits…he simply asks for them by their product identification mark/brand or sub-brand like ‘Marie’ or ‘Monaco’ or ‘Good Day’ or ‘Krackjack’ or ’50:50′ or ‘Maska-Chaska’, he does not preface it with the name of the manufacturer like Parle or Britannia.”  The court also held that there is a huge reputation and goodwill by the mark ‘Marine’ itself and further distinctiveness and secondary meaning which is associated by the consumers, trade and public at large lay with the Plaintiff alone.

Pidilite Industries has been the pioneer and market leader in a variety of products in the market including adhesives and sealants, construction chemicals, craftsmen products, DIY (Do-It-Yourself) products and polymer emulsions in India since its incorporation in 1959.  The brand name ‘Fevicol’ has become synonymous with adhesives and is ranked amongst the most trusted brands in the country. Some of the other major brands of Pidilite include M Seal, FeviKwik, Fevistik, Roff, Dr. Fixit, Sargent Arts, Hobby Ideas and Cyclo.

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