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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://126.96.36.199/jupload/dhc/JAN/judgement/01-09-2021/JAN01092021SC1082021_105848.pdf, visited on 3rd September, 2021.
Tata Sons Pvt. Ltd v. Sunil Keshavji Tataria
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.
Latest Trademark Cases in 2021
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