The Bombay High Court has declined to grant interim relief to Laser Shaving (India) Pvt. Ltd (Plaintiff) in its plea to restrain Rkrm International Products Pvt. Ltd (Defendant) from using the mark “SetMax. 
” The Single Judge Bench of Justice Arif S. Doctor, found that the plaintiff had suppressed material facts and failed to disclose crucial documents while seeking ex parte relief.
The Plaintiff claimed to be the prior user of the “SetMax” mark and its associated packaging since August–September 2023, and alleged that the defendant’s adoption of an identical mark and trade dress constituted both copyright infringement and passing off. The plaintiff also invoked prior sales and advertising expenditure to establish goodwill in the mark.
However, the defendant argued that “SetMax” was originally adopted by a Dubai-based company, Galactic Conquistadors FZE, in July 2023, and that they were licensees under a valid Permissive User Agreement. The Court noted that the plaintiff had earlier taken inconsistent positions before the Trademark Registry, including disclaiming any similarity between its mark and Galactic’s, and had failed to disclose these representations or the cease-and-desist notice it had received.
Invoking the principle that a litigant must come to court with clean hands, the Court held that the suppression of such material facts disentitled the plaintiff from any interim protection. It also noted the plaintiff’s failure to comply with mandatory disclosure norms under the Commercial Courts Act and questioned the jurisdiction of the Court given the plaintiff’s registered office being outside Maharashtra.
Advocates appearing in the case:
Mr. Rohan Kadam a/w Mr. Ashutosh Kane, Ms. Vedangi Soman and Ms. Sumana Roy Chowdhury i/b W.S. Kane & Co. for the Applicant/Plaintiff
Mr. Carl Patel a/w Ms. Sanaea Umrigar and Mr. Gaurav Begani for Respondent Nos. 1 and 2
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