Victoria Foods Private Limited vs Rajdhani Masala Co.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 532

JAYANT NATH
Victoria Foods Private Limited – Appellant
Versus
Rajdhani Masala Co. – Respondent

Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Dayan Krishnan, Sr. Adv. with Mr. Rohit Gandhi, Mr. Manish Singhal, Mr.Adish Srivastava and Mr.Sukrit Seth, Advs.
For the Defendant : Mr. Kapil Sibal & Mr. Chander Lall, Sr. Advs. with Mr. Ankur Singhal, Mr. Sajad Sultan and Ms. Nancy Roy, Advs.

JUDGMENT :

Jayant Nath, J.

IA.No.3527/2021

1. This application is filed under Order 39 Rules 1 and 2 CPC seeking the following reliefs:

“a. Issue an ad-interim injunction restraining the Defendant its directors, proprietors, partners, subsidiaries, affiliates, franchisees, officers, employees, agents and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under them from manufacturing, selling, soliciting, exporting, displaying, advertising or by any other mode or manner its products/goods under the deceptively similar or identical trademark/labels "Rajdhani, (Device of Rajdhani in English), IMAGE (Device of Rajdhani in Hindi) IMAGE of the Plaintiff directly or indirectly and doing any other act that may lead to confusion, deception amounting to infringement of Plaintiffs trademark;

b. restrain the Defendant its directors, proprietors, partners, subsidiaries, affiliates, franchisees, officers, employees, agents and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under them, by or under them during pendency of the proceedings from using the domain name “rajdhanigroup.