Trademark protection is upheld for prior registrants against infringers; courts may impose contempt measures for violations of injunctions.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff -Victoria Foods Private Limited against Defendant No.1 -Rajdhani Masala Co., which is the proprietary concern of Mrs. Asha Rani Kohli through Mr. Pawan Kohli, and Defendant No.2-M/s New Rajdhani Masala Co. through its proprietor Mr. Ravi Kohli. The Plaintiff has various trademark registrations for the mark `RAJDHANI' in Classes 29, 20, 31, 32, adopted in 1966, as also various international registrations for the said mark. The Plaintiff seeks protection of the mark `RAJDHANI' and the logo thereof, which is being used by the Defendants for the manufacture of spices and other products.

3. The Plaintiff had moved an interim injunction application in this matter being I.A. 3527/2021. Vide a detailed judgment dated 1st September, 2021, the application was disposed of granting interim relief to the Plaintiff.

4. The following are the findings of the Court:

a) The mark `RAJDHANI' has been used since 1966 and the Plaintiff-company was founded in 1983.

b) The Memorandum of Family Settlement dated 31st March, 2009, was discussed. The Plaintiff is held to be the prior user of the mark.

c) There is no evidence on record to show that the Defendant has ever used any of its products under the mark `RAJDHANI', though the Defendant has been in business since the 1960s.

d) The only solitary document relied upon by the Defendants, is the legal notice and reply dated 18th July, 2008 and 9th August, 2008, stated to have been exchanged between the sister concern of the Plaintiff and the Defendant, where a claim is made that the trademark has been used since 1965.

5. After negating the plea of prior user and current user of the Defendant, the Court on the strength of registrations of the Plaintiff granted an interim injunction in the following terms:

"36. It is also a matter of fact that the plaintiff is the registered owner of the said trademarks details of which are as follows:

Prima facie the plaintiff is the first in the market with the trademark `Rajdhani'. The plaintiff is the registered owner of the said trademark.

37. I may compare the two trademarks being used by the plaintiff and the defendant.

Clearly, the defendant is using the trademark `Rajdhani' for allied and cognate goods which is identical as that of the trademark of the plaintiff and prima facie infringing the rights of the plaintiff.

38. The plaintiff has made out a prima facie case. In view of the above, an interim injunction is passed in favour of the plaintiff and against the defendants restraining the defendants its directors, proprietors, etc. from using in any manner the trademark `Rajdhani' or any other trademark which is deceptively similar to the trademark of the plaintiff."

6. The Defendant is stated to have filed an appeal challenging the said judgment dated 1st September, 2021, which is still pending before the ld. Division Bench. In the meantime, I.A.4587/2022 under Order XXXIX Rule 2A CPC has been filed by the Plaintiff alleging that the Defendants are continuing to violate the injunction order. The said application has been filed against Defendant No.2 through Mrs. Asha Kohli and Mr. Ravi Kohli. In the said application, the following facts are alleged:

i) That even as of September, 2021, October, 2021 and November, 2021, the Defendant is continuing to manufacture the impugned infringing products. Invoices and purchases from various retail stores in Delhi have been made of Rajdhani branded Red Chilli Powder, Coriander Powder, Dry Mango Powder, Dry Ginger Powder, Cumin Powder and Turmeric Powder.

ii) The Defendants have also adv