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SANJEEV NARULA
Indiyaa Distribution Network Llp – Appellant
Versus
Tvc Life Sciences Ltd. – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral)--Plaintiff seeks a decree of permanent injunction restraining Defendants from passing off its mark "SANDHI SUDHA", and other ancillary reliefs of damages, rendition of accounts and destruction of infringing goods.
2. The suit was originally filed by Telemart Shopping Network Private Ltd., a teleshopping company incorporated in 2006. During pendency of the suit, said company assigned the mark "SANDHI SUDHA" along with its goodwill and copyright to one partnership firm viz. Teleworld Marketing vide assignment deed dated 24th October, 2016. Thereafter, Teleworld Marketing assigned the mark to Indiyaa Distribution Network LLP on 05th January, 2018, who has been substituted as a Plaintiff on 08th March, 2019.
CASE OF THE PLAINTIFF
3. Plaintiff's predecessor-in-interest coined and adopted the mark "SANDHI SUDHA" in 2008 with respect to an ayurvedic joint pain relief oil, and commenced its commercial use since January 2009. The mark comprises of two words "SANDHI", taken from Sanskrit language and "SUDHA", which is taken from the name of Plaintiff's promoter/Director - Mr. Sudhanshu Sharma. Plaintiff's product has been duly approved for manufacturing by
The main legal point established in the judgment is the entitlement of the plaintiff to a permanent injunction for passing off its mark 'SANDHI SUDHA' and the consideration of the defendants' non-rep....
Merely riding on strength of his trade mark registration, is indulging in conduct which is not transparent.
Court emphasizes that prior use and goodwill in trade names give rise to rights that protect against passing off and copyright infringement.
The defendant was entitled to the benefit of defense under Section 35 of the Act as it had been using the mark 'VASUNDHARA' in a bona fide manner since 2001.
The plaintiff failed to establish exclusive rights over the common name 'VASUNDHRA', resulting in dismissal of the injunction application due to lack of a prima facie case.
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 judgment emphasizes that the exclusive right to use a trade mark is limited to what has been registered and cannot extend to common names. It also highlights the importance of distinctiveness, go....
The court affirmed the registered trademark holder's rights against similar marks and clarified standards for proving prior use and confusion under trademark law.
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