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MANMOHAN, SAURABH BANERJEE
Delhi Marketing – Appellant
Versus
Zydus Wellness Limited – Respondent
JUDGMENT
Saurabh Banerjee, J.
1. This appeal by appellant (original plaintiff) seeks to impugn order dated 8th January, 2023 passed by the learned Trial Court [Hereinafter referred as "impugned order"] dismissing its application under Order XXXIX rules 1 & 2 read with Section 151 [Hereinafter referred as "interim application"] of The Code of Civil Procedure, 1908 [Henceforth referred as "CPC"] against the respondent (original defendant).
2. Succinctly put, appellant after its constitution on 25th December, 2015, commenced business of trading in Fast Moving Consumer Goods like edible oil, dairy and dairy products, beverages and other allied and cognate goods under various marks. One, Kwality Limited [Hereinafter referred as "predecessor"], the predecessor of the appellant herein, also engaged in dealing in various Fast Moving Consumer Goods, particularly in different types of milk and milk products, was the owner of the trademark `SUGARLITE. for Class 29 products since 2003. The said predecessor, vide a Deed of Assignment in 2016, assigned the trademark `SUGARLITE' along with its goodwill to the appellant. Thereafter, the appellant appointed the predecessor as a permitted user/
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....
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.
Injunction – Grant or refusal of interim injunction is absolutely discretionary power of Commercial Court keeping in mind material available before it.
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
The judgment established the importance of prior use and registration of trademarks, considerations of delay, concurrent user, and discretion in granting interlocutory injunctions.
The main legal point established is the protection of registered trademarks under the Trade Marks Act, emphasizing the exclusive rights of the registered proprietor, infringement of trademarks, and t....
A plaintiff must use their registered trademark to claim infringement; failure to do so undermines the basis for an injunction.
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