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DELHI HIGH COURT
PRATHIBA M.SINGH
Malook Chand Cotton and Oil Mills – Appellant
Versus
Abhishek Gupta Trading as Hariom Enterprises – Respondent
| Table of Content |
|---|
| 1. trademark ownership and prior use. (Para 2 , 3 , 4 , 5 , 6) |
| 2. criteria for granting interim injunction. (Para 7) |
| 3. defendant's proposal and willingness to amend. (Para 8 , 9 , 10) |
| 4. injunction and withdrawal of trademark applications. (Para 11 , 13 , 14) |
| 5. resolution of dispute and court fee refund. (Para 15 , 18) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff- M/s Malook Chand Cotton and Oil Mills against the Defendant- Mr. Abhishek Gupta, trading as M/s Hariom Enterprises. The Plaintiff seeks permanent injunction in respect of its mark `DOUBLE HIRAN' as also the accompanying label which is used in respect of mustard oil and other edible oils. The case of the Plaintiff is that its predecessor- M/s Tilak Ram & Sons (P) Ltd., adopted the mark `DOUBLE HIRAN' in 1942 and over the course of time, the label changed and evolved. The right to use the said mark was given to the Plaintiff by its predecessor vide sale deed dated 18th August, 1982.
3. The first registration of the device mark bearing no.2774 was granted in the name of the predecessor of the Plaintiff on 29th July,
A trademark is deemed confusingly similar if its overall presentation is likely to cause consumer confusion, particularly when associated goods are identical or closely related.
The central legal point established in the judgment is the grant of a permanent injunction and other relief based on the defendant's infringement and passing off of the plaintiff's registered Tradema....
The court affirmed that copyright infringement requires substantial similarity in product packaging which may mislead consumers, justifying injunctive relief to protect trademark integrity.
The court upheld the plaintiff's rights as the prior user and registered owner of the trademark, granting an injunction against the defendant's use of a similar mark due to the likelihood of consumer....
Point of Law : Trade mark – Copyright - delay per se may not always be sufficient to disentitle the plaintiff to grant of an interim order.
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