HC upholds interim injunction against Arpita Agro in ITC trademark suit
This story was originally published at 21:22 IST on 21 February 2025
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NEW DELHI – The division bench of the Delhi High Court on Friday upheld a single judge's order to temporarily restrain Arpita Agro Products Pvt. Ltd. from manufacturing or selling any natural cleaning products, including but not limited to floor cleaners, under the mark "Powrnym" or any other mark identical to ITC Ltd.'s trademarks "Nimyle", "Jor-powr" or any "Nim" family of marks.
The case has its genesis from Arpita Agro and its related companies manufacturing and selling herbal floor cleaners under the trademark "Nimyle" and other trademarks from the "Nim" family from 1996 to 2018. In 2018, these trademarks were assigned by Arpita Agro to ITC.
According to an asset purchase agreement in 2018, ITC acquired exclusive ownership rights, title, and interest in the trademarks from Arpita Agro in relation to the production and manufacture of floor cleaners, insect repellents, toilet soaps, liquid hand wash, and scouring bars. Thereafter, through a brand purchase agreement, ITC was assigned several trademarks such as "Nimyle", "Jor-Powr" and others. ITC said that it was now the registered proprietor of the assigned trademark registrations.
ITC said that towards the end of August 2023, it came across an advertisement for "Powrnym" floor cleaner, marketed by Arpita Agro. Upon inquiry, ITC discovered that Arpita Agro, despite their business relationship and contractual obligations prohibiting them from using any derivative or similar marks of the assigned trademarks, were using the same. ITC further claimed that Arpita Agro, which previously manufactured "Nimyle" for them using bottles supplied by Arpita's companies, was selling "Powrnym" in deceptively similar packaging. Consequently, ITC filed a permanent injunction suit in the high court.
On Friday, shares of ITC ended 0.3% lower at INR 400.90 on the National Stock Exchange. End
Reported by Surya Tripathi
Edited by Ashish Shirke
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