It is a common strategy by manufacturers and distributors to adopt a brand name much similar to a reputed and well-selling brand. With an intention to increase their sales and enhance confusion amongst relevant traders and customers, such manufacturers and distributors tend to adopt a similar style of packaging, shapes and colours. As a matter of fact, some manufacturers even espouse an identical tag line, in order to substitute their counterfeit and impugned goods as those are associated with the reputed brand. This ill-practice adopted by certain distributors merely spreads toxicity and tampers the goodwill of the reputed brand, by playing with a common sense of the purchasing public. With respect to a similar issue, the renowned brand Nirma Ltd. filed an infringement suit against Rajasthan-based Pawan Salt Suppliers.
Ahmedabad-based Nirma Group of Companies is engaged in manufacturing of a variety of products ranging from cosmetics, soaps, detergents, salt, soda ash, lab salts as well as injectables. Dr Karsanbhai Patel is the sole mastermind behind this 30-year old Indian brand. He started off as a chemist at the Department of Mining and Geology, Government of Gujarat and eventually started selling phosphate-free synthetic detergent powder in local areas like Ruppur and Ahmedabad. Owing to his hard work and marketing strategy, this brand has acquired an indisputable reputation and customer loyalty. Presently, Nirma has over 15,000 employees and creates an annual turnover of more than ₹3,550 crores.
16-years ago Nirma Chemical Works and Nirma Limited filed a suit against Rajasthan-based Pawan Salt Suppliers, accusing them of manufacturing and marketing products under an identical brand name. The 30-year old reputed brand contended that they got their trademark and label registered under the Trade Name ‘Nirma’ in Class 30, back in the year 1969. Much to their shock, they witnessed Pawan Salt Suppliers, manufacturing and distributing salt under the Trade name ‘Neema Shudh Iodized Salt’. They further contended that, on knowledge of such infringement, they approached the infringing brand Pawan Salt Suppliers and as directed by Rajasthan Court in 2004, Pawan Salat gave an oath, promising to refrain from using the infringing trade name. However, they continued to sell salt under the brand ‘Neema’, eventually invoking Nirma to bring them before the court for trademark infringement.
After a decade long legal battle, Ahmedabad Civil and Sessions Judge, S.H. Patel pronounced the case in favour of Nirma Limited and refrained the infringers from selling salt under the name ‘Neema Shudh Iodized Salt’.
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