The Supreme Court on Monday (Nov 25) refused to interfere with a Delhi High Court ruling that quashed a forgery case filed by toothpaste manufacturer, Anchor against its rival Colgate. A Bench of Justices Pankaj Mithal and R Mahadevan dismissed the appeal filed by Anchor in this regard. “We do not find any reason to interfere with the orders impugned in these petitions. The present petitions are, accordingly, dismissed,” it said.
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NEW DELHI: The Supreme Court declined to intervene in a Delhi High Court decision that dismissed a forgery case filed by toothpaste manufacturer Anchor against its competitor, Colgate.
A Bench comprising Justices Pankaj Mithal and R. Mahadevan rejected Anchor’s appeal, effectively putting an end to the matter.
“We do not find any reason to interfere with the orders impugned in these petitions. The present petitions are, accordingly, dismissed,”
-the Bench observed.
Background: A Trademark Dispute Between Anchor and Colgate
Anchor and Colgate have been locked in a prolonged legal battle over the use of the red-and-white color scheme for their toothpaste trademarks. The dispute escalated when Anchor alleged that Colgate resorted to forging trademark registration documents after failing to secure an interim injunction in a prior case.
According to Anchor, these forged documents were presented in the Delhi High Court to claim a fresh cause of action, leading Anchor to file a criminal complaint.
Anchor’s Allegations and Legal Action
Anchor accused Colgate and its representatives of committing offences under Sections 191, 193, 196, 199, 200, and 209 of the Indian Penal Code (IPC), all of which pertain to document forgery and making false claims in court.
A trial court initially found merit in Anchor’s claims and issued summons to Colgate and its office bearers, citing prima facie evidence of forgery related to the certificate of trademark registration and certified copies of legal documents.
Delhi High Court Quashes the Complaint
However, in a significant blow to Anchor, the Delhi High Court overturned both the criminal complaint and the trial court’s summoning order dated April 2, 2012.
The High Court ruled that there was insufficient evidence to substantiate Anchor’s allegations of forgery against Colgate.
Supreme Court’s Dismissal of Anchor’s Appeal
Anchor subsequently approached the Supreme Court, challenging the Delhi High Court’s verdict. However, the Supreme Court dismissed the appeal, reaffirming the High Court’s decision.
Senior Advocates Mukul Rohatgi, Arvind Verma, and Sidharth Luthra, along with Advocates Saif Khan, Achutan Sreekumar, Rishi Agrawala, Niyati Kohli, Pratham Vir Agarwal, and Smridhi Sharma, represented Colgate and its office bearers.
On the other hand, Senior Advocate Maninder Singh, supported by Advocates Anurag Ahluwalia, Mayur Gala, Jasdeep Singh Dhillon, Anirudh Jamwal, and Yutangar Singh Chauhan, under the aegis of MPS Legal, represented Anchor.
Conclusion
The dismissal by the Supreme Court signifies a major victory for Colgate in its legal tussle with Anchor.
The ruling upholds the Delhi High Court’s finding that there was no evidence of criminal wrongdoing by Colgate or its representatives, thereby bringing closure to this chapter of the ongoing trademark dispute.
CASE TITLE:
Anchor Health and Beauty Care Pvt Ltd vs Colgate Palmolive and ors etc
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