Bombay High Court Passes John Doe Order Against Sale Of Counterfeit & Contraband 'Closeup', 'Pepsodent' Goods

Hindustan Unilever, which manufactures various home and personal care products, alleged that unknown defendants were selling counterfeit and contraband products bearing its trademarks 'Closeup', 'Pepsodent' 'HUL', 'Hindustan Unilever' and 'U-Logo',

Hindustan Unilever submitted that in March 2025 while conducting an investigation, it came across impugned products in the markets of Indore and Ranchi. It stated that the counterfeit products were copied to the extent that they appeared to be genuine products.

It further submitted that contraband products from Nepal were illegally imported into India and sold in the markets. It argued that the unknown defendants infringed its trademarks as well as the tradedress/packaging associated with the products.

Considering the facts of the case, Justice Manish Pitale said that there was sufficient material to show that the impugned products were counterfeit products.

The Court noted that the relief was not just for counterfeit products but also contraband products. It stated “But, since in the present case, the products being labeled as contraband in the pleadings, are goods that have been illegally imported into India for sale, mixed with such counterfeit products, the applicants are entitled to press for ex-parte ad-interim reliefs as against the said activity of the defendants also.”

Noting that the balance of convenience lies with Hindustan Unilever, it said that unless interim relief is granted, it would suffer irreparable damages.

The Court thus restrained the unknown defendant from manufacturing, printing, packaging and distributing toothpaste, tooth powder, mouth washes, dental cream and all oral hygiene products under the marks and artistic works of Unilever.

It further appointed a Court Receiver and Additional Special Receivers. It directed the Court Receiver to prepare separate inventories for the counterfeit products and the contraband products.