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VIBHU BAKHRU, AMIT MAHAJAN
Gulab Oil & Food (ahmedabad) Pvt. Ltd. – Appellant
Versus
Madhu Gupta. – Respondent
JUDGMENT
Vibhu Bakhru, J. - The appellant has filed the present appeal impugning an order dated 30.03.2021 (hereafter 'the impugned order') passed by the learned Commercial Court, whereby the application filed by the respondent under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure (hereafter 'the CPC') was allowed and the appellant's application under Order XXXIX Rule 4 of the CPC, seeking vacation of the ad interim order, was rejected.
2. The appellant has been restrained from using the trademark "Gulab" in connection with namkeen, roasted and baked products (ready to eat snacks). The learned Commercial Court, prima facie, found that the use of the trademark by the appellant in respect of the said product would constitute infringement of the respondent's trademark "Gulab Ka Phool" registered under Class 30 (hereafter also referred to as 'TM-639') and passing off.
FACTUAL CONTEXT
3. The respondent (carrying on business as Shiv Nath Rai Sumer Chand) and Lala Shivnath Rai Sumer Chand Confectioner Pvt. Ltd., arrayed as plaintiff nos. 1 and 2 respectively, had filed the suit [being CS(COMM) No.1724/2020], inter alia, seeking a permanent injunction, restraining the appellant from i
The central legal point established in the judgment is the protection of registered trademarks, the establishment of goodwill and reputation, and the likelihood of confusion among consumers in passin....
A registered trademark must be protected against infringement if it has established goodwill, even in the face of claims regarding dissimilarity of packaging.
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....
The main legal point established in the judgment is that the appellant had a prima facie case against the respondent for trademark infringement, and the Trial Court's findings were contrary to the fa....
Descriptive terms in trade, such as 'Sanjha Chulha', cannot be exclusively owned despite trademark registration; common usage undermines claims of infringement.
The central legal point established in the judgment is that in cases of trademark infringement, the likelihood of confusion and deception among the public must be supported by evidence. The court emp....
The court upheld that the established goodwill and trademark similarity warranted an injunction under Section 29 of the Trade Marks Act, 1999, despite the defendant's claims.
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