SAUSS HOME PRODUCTS PRIVATE LIMITED vs RECKITT BENCKISER INDIA PRIVATE LIMITED

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 145/2025, CM APPL. 60016/2025 & CM APPL. 75892/2025 SAUSS HOME PRODUCTS PRIVATE LIMITED .....Appellant Through: Mr. Gagan Gupta, Sr. Adv. with Mr. Arkaj Kumar, Ms. Ramya Aggarwal, Mr. Akshat Khanna and Ms. Srishti Arora, Advs. versus RECKITT BENCKISER INDIA PRIVATE LIMITED .....Respondent Through: Mr. C.M. Lall, Sr. Adv. with Mr. Rahul Chaudhry, Ms. Ekta Sarin, Mr. Nikhil Sharma and Ms. Vanshika Arora, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 07.02.2026 C. HARI SHANKAR, J. A. The lis 1. CS (Comm) 539/20231 stands filed by the respondent against the appellant before this Court, alleging that the appellant had infringed the respondent’s copyright and trade mark and had sought to pass off its mark as those of the respondent. Based on these 1 “the suit” hereinafter Signature Not Verified Digitally Signed By:AJIT FAO(OS) (COMM) 145/2025 Page 1 of 33 KUMAR Signing Date:20.02.2026 14:52:15 allegations, the respondent has, in the suit, sought a permanent injunction against use, by the appellant, of the allegedly infringing mark/logo. 2. The respondent filed, with the suit, IA 14723/2023 under Order XXXIX of the CPC2 seeking an interlocutory injunction restraining the appellant, pending disposal of the suit, from using the allegedly infringing mark/logo. The appellant filed IA 20814/2023, seeking return of the plaint on the ground that it was bad for want of territorial jurisdiction. 3. By judgment dated 14 August 2025, a learned Single Judge of this Court has allowed IA 14723/2023 filed by the respondent and dismissed IA 20814/2023 filed by the appellant. 4. Aggrieved thereby, the appellant has instituted the present appeal. 5. We have heard Mr. Gagan G