Latest Trademark Cases in 2021 – Part 7

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Victoria Foods Private Limited v. Rajdhani Masala Co. & Anr.

In this case, the Plaintiff claimed to have originally conceived and adopted the trademark “Rajdhani” for food products, condiments, confectionary, etc. Through social media it found that the Defendants, engaged in the business of Indian Spices under the name of “Rajdhani Masale Co.” and “New Rajdhani Masala Co.” were using its trademark and labels on their products. Aggrieved by the same, Plaintiff filed a suit as well as an interim application seeking injunction against Defendants’ use of the impugned trademarks. On the other hand, the Defendants denied the Plaintiff’s claims, and counterclaimed to be the prior user. The Delhi High Court heard the plea for ad-interim relief on the grounds of ownership, prior use, deceptive similarity and delay in approaching the court. The Court observed that, the Plaintiff was the prior user and registered owner of the trademark and was ‘first in the market’ to use it. Moreover, while comparing the Court noted that the Defendants’ trademarks were deceptively similar to Plaintiff’s trademark, use of which would further infringe Plaintiff’s rights. Further the Court pointed that delay per se was not sufficient to disentitle the Plaintiff of interim relief. The court concluded that the Plaintiff was successful in establishing a prima facie case in its favour and hence granted the interim order restraining the Defendants from using the Plaintiff’s trademark.

Citation: Victoria Foods Private Limited vs Rajdhani Masala Co. & Anr.  Decided by Delhi High Court on 1st September, 2021, available at: http://164.100.69.66/jupload/dhc/JAN/judgement/01-09-2021/JAN01092021SC1082021_105848.pdf, visited on 3rd September, 2021.

Tata Sons Pvt. Ltd v. Sunil Keshavji Tataria

 
The Plaintiff, Tata Sons Pvt. Ltd., sought a permanent injunction restraining the defendant Sunil Keshavji Tataria from infringement of Plaintiff’s registered trade mark, passing off, dilution and tarnishment of trademarks, damages, rendition of accounts. The Defendant was engaged in the manufacture and sale of adult diapers and underpads sold online through domain / website www.tatariahygiene.com which infringed the Plaintiff’s registered trademark “Tata”. The subject matter of the suit was amicably resolved in terms of Settlement Agreement dated 03.08.2021 passed by the Delhi High Court Mediation and Conciliation Centre. Since the dispute inter se parties stand resolved prior to commencing of pleadings, the Court found that the Plaintiff was entitled to refund of entire court fees.

Citation:  Tata Sons Private Limited v. Sunil Keshavji Tataria & Anr. Decided by Delhi High Court on 31 August, 2021 availabale at: Tata Sons Private Limited vs Sunil Keshavji Tataria & Anr. on 31 August, 2021 (indiankanoon.org) visited on 03.09.2021.

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Please note that these case updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to contact@bananaip.com  for corrections and take down.

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