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Restrains Ga Se Gaanv From Using 'RANI SAHIBA' Trademark for Rice
The , in an , restrained FMCG company from using the registered trademark "RANI SAHIBA" for rice products, following a suit by plaintiff Rakesh Jain.
Justice A. J. Bhambhani, presiding over the commercial suit, issued the injunction on , after concluding that Jain had made out a strong case. The court also directed the defendant to take down an listing and all other online references bearing the mark.
The Trademark at Issue
The plaintiff, Rakesh Jain, has been using the word mark "RANI SAHIBA" for basmati rice since . The mark was registered as a word mark under the , and an order by the dated confirmed its continuous use with no cited mark conflict and no likelihood of confusion in Class 30 goods. Sales of basmati rice under this mark nearly doubled between and , and since , Jain incurred over ₹19 lakhs in promotional and marketing expenditures.
The Alleged Infringement
The defendant, , while selling rice under its own house brand "GA SE GAANV", dishonestly appropriated the mark "RANI SAHIBA" for its product, according to the plaintiff. Jain argued that the phrase "RANI SAHIBA" is not an attribute or characteristic of basmati rice and that the defendant had no legitimate reason to use it.
The Court's Reasoning
Based on a preliminary appreciation, Justice Bhambhani observed: “This court is of the view that the plaintiff has succeeded in making-out a in its favour; that the also lies in favour of the plaintiff and against the defendants; and it would appear that would be caused to the plaintiff if the as prayed-for is not granted.”
The court granted an in terms of the three prayers sought: - Restraining the defendant from manufacturing, selling, advertising, or dealing in rice bearing the mark "RANI SAHIBA" or any . - Restraining the defendant from its goods as those of the plaintiff. - Directing the of the listing and other online references, including WhatsApp catalogues.
Compliance and Next Steps
The plaintiff was directed to comply with within 10 days. The matter is listed before the learned Joint Registrar on for completion of pleadings, , and .
