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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Gulab Oil and Food (Ahmedabad) Pvt. Ltd. – Appellant
Versus
Madhu Gupta – Respondent
JUDGMENT
Manmohan, J. (Oral)--The hearing has been done by way of video conferencing.
CM APPL. 31712/2021
2. Exemption allowed, subject to all just exceptions.
Accordingly, application stands disposed of.
FAO (COMM) 138/2021
3. Admit.
4. Issue notice. Mr. Sanjeev Singh, Advocate accepts notice on behalf of respondent. He prays for and is permitted to file a reply affidavit within eight weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
5. List before the Joint Registrar for completion of pleadings on 16th December, 2021. Upon completion of pleadings, the Joint Registrar is directed to list the matter in the final hearing list according to its seniority.
CM APPL. 31852/2021
6. Present appeal has been filed by the appellant challenging the order dated 30th March, 2021 passed by the learned District Judge, Commercial Court-5, Central District, Tis Hazari Courts, Delhi in CS Comm. No. 1724/2020 to the limited extent that it prohibits the Appellant/Defendant No.1 from trading and selling Namkeen products under the mark `Gulab' and certain findings regarding the predecessor of the Appellant/Defendant No.1.
7. Learned senior counsel for the Appellant
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.
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 lack of merit in the appellant's contentions regarding the family association with the trade mark Jain Shikanji, the maintainability of the sui....
An interim injunction requires a prima facie case, balance of convenience, and risk of irreparable injury, which were not established by the plaintiff.
The combination of common words can be distinctive and unique as a trade mark, and the appellate forum has a limited role and cannot entertain new issues or documents at the appellate stage.
A plaintiff must use their registered trademark to claim infringement; failure to do so undermines the basis for an injunction.
The court held that the concealment of material facts by the respondents did not warrant the dismissal of the suit or the vacation of the interim injunction, as the equities lay in favor of the respo....
Injunction – Grant or refusal of interim injunction is absolutely discretionary power of Commercial Court keeping in mind material available before it.
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