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GOUTAM BHADURI, N. K. CHANDRAVANSHI
ABIS Exports India Private Limited – Appellant
Versus
Gunjam Nalode – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. The instant miscellaneous appeal filed by the appellant/plaintiff against the order dated 19.10.2022 passed by the Judge, Commercial Court (District Level), Nava Raipur, Chhattisgarh in Commercial Suit Class-A/3/2022, whereby the application (I.A. No.1/2022) for grant of interim relief filed under Order 39 Rule 1 & 2 of the CPC has been dismissed.
2. The appellant/plaintiff ABIS Exports India Private Limited claiming itself to be a company duly incorporated under the Companies Act stated that :-
- the company was incorporated in the year 1985 by four brothers namely Amir Ali, Bahadur Ali, Iqbal Ali and Sultan Ali and according to their first alphabet names ABIS was established;
- the appellant and sister concerns are also engaged in Indian Agro and Food Industries and working under the company brand name ABIS;
- the product manufactured by the appellant bearing trademark ABIS is being used continuously and extensively since
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.
Point of Law : Section 27 of Trade Marks Act provides that no action for infringement will lie in respect of an unregistered trade mark.
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The main legal point established in the judgment is the protection of trademarks and prevention of passing off, based on prior adoption, continuous commercial user, goodwill, and deceptive similarity....
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