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NAVIN CHAWLA
Modern Snacks Pvt. Ltd. – Appellant
Versus
Modern Foods Enterprises Pvt. Ltd. – Respondent
Based on the defendant's stance, the principle of estoppel may indeed apply. The defendant asserts that the plaintiff has delayed in asserting its rights and has prior knowledge of the defendant's use of the mark "MODERN." Additionally, the defendant claims that the plaintiff has misrepresented facts regarding its date of first use and has suppressed relevant information about its registration and use. These factors suggest that the plaintiff's claim could be barred by the doctrine of estoppel, as the plaintiff's delay and conduct might have led the defendant to reasonably believe that its continued use was lawful and that the plaintiff would not contest it. Therefore, the defendant's position indicates that the principle of estoppel could be invoked to prevent the plaintiff from asserting rights inconsistent with the defendant's established use and rights in the mark (!) (!) .
JUDGMENT
Navin Chawla, J.
I.A. 6478/2020 in CS (COMM) 299/2020
I.A. 9542/2020 in CS (COMM) 460/2020
1. These are two cross suits, filed between M/s Modern Food Enterprises Pvt. Ltd. (hereinafter referred to as the `plaintiff') and M/s Modern Snacks Pvt. Ltd. (hereinafter referred to as the `defendant').
2. The defendant has filed CS(COMM) 299/2020 under Section 142 of the Trade Marks Act, 1999 (hereinafter referred to as the `Act') seeking permanent injunction restraining the plaintiff from issuing groundless threats in relation to the use of the trade mark `MODERN', used by the defendant in relation to Namkeens, Snacks, Confectionery, savouries and other allied and related goods.
3. On the other hand, C.S.(COMM.) 460/2020 has been filed by the plaintiff seeking permanent injunction against the defendant from infringing and/or passing off its trade mark `MODERN' and its copyright.
4. As the above applications seeking interim relief arise out of same factual disputes, they were taken up together for hearing and are being disposed of by this common judgment.
FACTUAL BACKGROUND
Case of the Plaintiff
5. The plaintiff, in its plaint, states that its predecessor in title, that is, `M/s M
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