The court established that the plaintiff's registered trademark 'RAM BANDHU' is entitled to protection against the defendant's similar mark, reinforcing the principle of consumer confusion and trademark infringement.

ORDER :

1. The instant application seeking interim relief for infringement of trade mark, copyright and passing off has been moved after notice to the Defendant. In context of relief of passing off, the plaint pleads that the Defendant’s goods are available in Mumbai, however, by way of abundant precaution Petition under Clause XIV of Letters Patent(Mumbai) is filed. The Affidavit in reply disputes that the Defendant’s goods are available in Mumbai. In absence of any submissions on jurisdictional issue qua the relief of passing off and the leave Petition being pending, I have considered the reliefs only in respect of infringement of trademark and copyright.

FACTUAL MATRIX

2. To establish the Plaintiff’s proprietary right in the registered trade mark, the history set out by the Plaintiff is that in the year 1972, one Ramvilas Motilal Rathi coined and adopted the trade mark “RAM BANDHU” which was used in relation to spices, papad, pickle and other food products. The registration of mark “RAM BANDHU” was applied on 25^th January, 1993 by one Rambandhu Masalewale Pvt. Ltd. with user claim of 1^st December, 1972 and was granted registration on 13^th October, 2006. The Plaintiff claims to have been merged with Rambandhu Masalewale Private Limited under order of National Company Law Tribunal dated 21^st February, 2018.

3. It is stated that the Plaintiff applied for registration of trade mark “RAM BANDHU” on 5^th October, 2012 under Application No. 2406504 in class 30 with user claim of 1^st December, 1972 and was granted registration on 15^th January, 2015 vide Certi and on same date applied for registration of trade mark “RAM BANDHU” under Application No. 2406505 in class 30 with user claim of 1^st December, 1972, which was registered on 20^th January, 2015 vide Certificate No. 1198463. On 22nd May, 2021, the Plaintiff filed Form TM-P for taking over as subsequent proprietor of the mark which was allowed by the Registry.

4. To demonstrate the goodwill and reputation, the sales turnover certified by the Chartered Accountant and the promotional material is appended to the plaint. It is stated that the brand “RAM BANDHU” has been endorsed by renowned celebrities and the Plaintiff’s products under the trade mark has substantial presence in the market and is a well-known mark. It is submitted that the Plaintiff is owner of artistic work “RAM BANDHU” both in Hindi and English which was created by one Mr. Dnyaneshwar M. Bachhav in the year 2002.

5. As far as presence of Defendant is concerned, it is stated that in the year 2014, the Plaintiff having noticed the Defendant’s mark “SHREE RAM BANDHU” issued cease-and-desist notice to the Defendant. Upon conduct of market search, the Defendant’s goods could not found in the market and it was assumed that the Defendant has discontinued the use of its mark. In the year 2023, the Plaintiff came across the Defendant’s goods under the impugned mark “SHREE RAM BANDHU” which led to issuance of further notices on 27^th March, 2023 and 15^th October, 2024. The response of Defendant was by letter dated 12^th November, 2024 contending that the Defendant’s mark which has been in use since the year 2004 is not si