The Court noted that KLF Nirmal Industries had not shown its case to have the injunction prohibiting it from violating Parachute's trademark vacated or set aside.

The Bombay High Court has maintained its ruling prohibiting KLF Nirmal Industries from using the blue bottle and any aspects that are meant to be protected, such as a label that looks like it belongs to Parachute Oil. [KLF Nirmal Industries Pvt Ltd v. Marco Limited]

KLF Nirmal Industries has not demonstrated a sufficient basis to have the ruling revoked or set aside, according to Justice RI Chagla.

"I do not find any merit in the application by KLF Nirmal under Order 39 Rule 4 of the CPC, as in my view KLF has failed to make out any case for vacating and / or setting aside the said order by discharging its burden and/or meeting the essential requirements for vacating an ex-parte order under Order 39 Rule 4 of CPC," said the order.

Marico filed a commercial lawsuit against KLF, claiming that the latter was selling oil in a misleadingly similar blue bottle with identical labels, infringing on its trademarks.

Marico stated that he learned about KLF's products in July 2023 and went to court right away to ask for a restraining order against KLF.

On August 18, 2023, the High Court issued an ex-parte ad-interim injunction prohibiting KLF from using the purportedly infringing packaging since it was determined to be misleadingly similar to Parachute's blue bottles/containers, broken coconut device, coconut tree device, and overall trade dress.

KLF, who was offended by the ruling, filed the current application to have the injunction order vacated under Order 39 Rule 4 of the CPC.

According to Rule 4's proviso, if a party applying for an injunction intentionally makes a false or misleading statement in the application, the injunction may be revoked.

Judge Chagla came to the conclusion that KLF Nirmal Industries was unable to prove Marico intentionally made false or deceptive claims.

It dismissed the application after determining it lacked merit.

Until further orders are received, the ad-interim order will remain in effect. A hearing on the subject has been scheduled for January 11, 2024.