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VIBHU BAKHRU, TARA VITASTA GANJU
V. R. Industries Private Ltd. – Appellant
Versus
Rajesh Kejriwal – Respondent
JUDGMENT
Vibhu Bakhru, J. (Oral)
1. The appellant has filed the present appeal impugning an order dated 18.11.2023 (hereafter `the impugned order') passed by the learned Commercial Court in CS (Comm) No. 3752/2021 captioned Rajesh Kejriwal v. M/s. V.R. Industries Private Limited & Anr..
2. By the impugned order the learned Commercial Court had allowed the respondent's application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereafter `the CPC') and had restrained the appellant (arrayed as defendant in the suit) or its authorized agents from infringing/using the trademark "GOLDEN GATE" or any other trademark/label/name identical with or deceptively similar to the said trademark.
3. The respondent claims that it is carrying on business under the trading name of M/s Chemical Centre (India) at 139-Tilak Bazar, Khari Boali, Delhi-110006. The respondent claims that it deals in imports, processing and trading in various goods including industrial chemicals for use in the Food Industry, Sugar Industry, Paper Industry, Textile Industry and for preserving food stuffs and artificial resins. In addition, respondent also claims it deals in dry fruits, spices, essences and fl
The judgment established the importance of prior use and registration of trademarks, considerations of delay, concurrent user, and discretion in granting interlocutory injunctions.
Injunction – Grant or refusal of interim injunction is absolutely discretionary power of Commercial Court keeping in mind material available before it.
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 use of a mark that is phonetically similar and conveys the same idea as a registered trademark constitutes infringement, irrespective of packaging dissimilarity, as it likely confuses consumers o....
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.
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