Unilever’s Indian trademark rights upheld against counterfeit ‘Closeup’ and ‘Pepsodent’ | MLex | Specialist news and analysis on legal risk and regulation

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Unilever Secures Legal Victory Against Counterfeit Closeup and Pepsodent Products in India

Unilever’s intellectual property protections in India have been reinforced following a decisive ruling by the Delhi High Court, which sided with the FMCG giant in a counterfeit products case involving the oral care brands Closeup and Pepsodent.

The court issued a permanent injunction against local retailer Prima Chemical Industries and individual Badrinarayan Parmar, after determining that they had infringed Unilever’s registered trademarks by distributing imitation toothpaste under similar packaging and branding. The ruling prohibits the sale or promotion of lookalike products and mandates the destruction of all counterfeit stock currently held by the defendants.

According to court documents, Unilever detected the counterfeit products in 2019 and initiated legal proceedings shortly thereafter. Forensic analyses conducted by Unilever revealed that the fake versions not only mimicked the distinctive trade dress of Closeup and Pepsodent but also posed potential health risks due to questionable manufacturing standards. The defendants failed to appear in court or contest the allegations, leading the judge to deem the evidence as uncontested and in violation of sections 27 and 29 of the Indian Trade Marks Act.

This legal victory underscores the critical role of IP enforcement in India’s robust yet highly competitive FMCG market. Oral care, one of India’s fastest-growing hygiene segments, is particularly vulnerable to counterfeiting—posing risks to consumer safety and brand equity alike. By securing this ruling, Unilever not only protects its market share but also reinforces its commitment to product integrity and consumer trust.

Brand imitation and counterfeiting continue to challenge multinational and domestic FMCG players in India, where smaller local businesses often capitalize on the popularity of global brands. Experts suggest that active trademark enforcement and supply chain vigilance remain essential components of brand protection strategies in high-volume consumer categories.

With India being one of Unilever’s most crucial markets globally, the judgment may serve as a precedent for similar actions by other FMCG companies seeking to fortify their intellectual property rights and crackdown on counterfeit goods across the country.

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