DOES SPIC TOILET CLEANER BOTTLE RESEMBLES HARPIC TOILET CLEANER BOTTLE- CALCUTTA HIGH COURT’S DIVISION BENCH SET ASIDE THE INTERIM INJUNCTION TO USE SPIC CLEANER BOTTLE

 DOES SPIC TOILET CLEANER BOTTLE

 RESEMBLES HARPIC TOILET CLEANER

 BOTTLE-  CALCUTTA HIGH COURT’S

 DIVISION BENCH SET ASIDE THE

 INTERIM INJUNCTION TO USE SPIC 

CLEANER BOTTLE

RECKITT BENCKISER (INDIA) PVT. LTD VS GODREJ CONSUMER PRODUCTS LTD.

THE CALCUTTA HIGH COURT

On February 27, 2026, the Calcutta High Court’s Division Bench set aside an ad-interim injunction that had restrained Godrej Consumer Products Ltd. from selling its “Spic” toilet cleaner.

BACKGROUND OF THE CASE:

Reckitt Benckiser (India) Pvt. Ltd., the maker of Harpic, filed a suit alleging that Godrej’s Spic toilet cleaner infringed its trademark rights by using a similar bottle shape.

RECKITT ALLEGED THAT THE GODREJ’S ADVERTISEMENT AMOUNTED TO:

·       Disparagement of its product

·       Misleading comparative advertising

·       Trademark infringement / dilution

·       Unfair trade practice

INITIAL INJUNCTION:

 A single judge had granted an ad-interim injunction on February 25, 2026, preventing Godrej from selling Spic in the contested packaging.

DIVISION BENCH RULING:

The Bench lifted the restraint, holding that the injunction was improperly granted at the interim stage. They questioned the urgency and rejected the idea that exclusive trademark rights could be claimed over the bottle shape alone, especially since Reckitt’s design rights had expired.

EARLIER CASE LAWS ON THE SUBJECT

·       Pepsi Co. Inc. vs Hindustan Coca Cola Ltd. (comparative advertising principles)

·       Colgate Palmolive (India) Ltd. vs Hindustan Unilever Ltd. (toothpaste comparative ads)

OUTCOME:

Godrej is now free to market and sell its Spic toilet cleaner in the disputed packaging.

This ruling highlights the tension between design rights and trademark protection in product packaging disputes.

YOUR COMPLIANCE PARTNER – R V SECKAR , FCS, LLB, 79047 19295