Colgate | The Last Word

Colgate Palmolive Company, USA and Colgate Palmolive (India) Ltd. have filed for permanent injunction against unknown Defendants, described as John Does.

October, 2021: a container, bearing number ECNU4006477, containing approximately 3,600 pieces of infringing toothpaste, bearing mark/name ‘CONAETE COOL-ICE’, had been shipped from Yiwu City to Ningbo Port (China). Finally, ECNU4006477 was to be discharged at Mundra Port (India). Plaintiffs tracked same on basis of inputs received from Chinese counterparts. Central Board of Indirect Taxes & Customs was impleaded as Defendant No. 2, for an ‘order of restraint’.   

No goods, bearing impugned mark, in ECNU4006477 have been allowed to enter India.

The import of goods which violate Intellectual Property Rights are governed by The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. Section 7 of IPR Rules deals with suspension of clearance of imported goods. The import having been stopped, Plaintiffs do not press for any further relief. However, if details are available with Customs Department, as per Bill of Lading or any other documents, same may be intimated to Plaintiffs upon request [Section 9 of IPR Rules].  

Hon’ble Justice Pratibha M. Singh of Hon’ble High Court of Delhi, Colgate Palmolive Company v. John Doe(s), [CS (COMM.) 612/2021] decided on 26.09.2022.

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