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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
Bawaskar Technology (Agro) Pvt. Ltd. – Appellant
Versus
Anannya Agro Products – Respondent
JUDGMENT :
ADVAIT M. SETHNA, J.
Prolouge:-
1. This is a classic case where we are called upon to adjudicate the impugned order dated 4 October 2025, passed below Exh. 5 by the Commercial Court at Pune in Commercial Suit No. 9 of 2025 (“Impugned Order” for short), in the context of the fundamental principles governing trademark jurisprudence. As an Appellate Court, we are required to examine the cardinal principles and classifications applicable to marks, viz. generic, descriptive, suggestive, and arbitrary/fanciful. Such legal principles, as applicable to infringement and passing off, form the subject matter of our analysis and scrutiny in light of the findings of the Trial Court in the Impugned Order.
2. The Trial Court had vide the Impugned Order rejected the application of the Appellant (Original Plaintiff) seeking temporary injunction under Order 39 Rules 1 and 2 of the CIVIL PROCEDURE CODE (“CPC” for short) against the Respondents (Original Defendants). The sequitur of this being that the Appellant/Plaintiff seeks continuation/confirmation of the earlier order of the said Trial Court dated 2 April 2025 granting ad-interim injunction in favour of the Appellant/Plaintiff and again
Appellate court interferes with trial court's refusal of interim injunction in passing off where findings on mark as generic lack pleadings support, plaintiff shows prior use/secondary meaning, and d....
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
The judgment underscores that trademark registration alone does not guarantee protection without actual use, and that delay in action does not preclude injunction if infringement is proven.
The court upheld that lack of deceptive similarity precludes claims of trademark infringement and passing off, necessitating proof of goodwill and likelihood of confusion.
A prior user of a trade mark has superior rights in passing off actions, preventing unauthorized use by subsequent users, especially when marks are likely to confuse consumers.
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