$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23^rd January, 2024 + CS(COMM) 680/2017 KAMAL KANT AND COMPANY LLP ..... Plaintiff Through: Mr. Abhishek Malhotra and Mr.

Kartikay Dutta, Advs. (M:

8979516789)

versus RAASHEE FRAGRANCES INDIA PVT LTD ..... Defendant Through: Mr. Sagar Chandra and Mr. Nikhil Sonker, Advs. (M: 7417478967).

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

Brief Facts

2. The Plaintiff - Kamal Kant and Company LLP has filed the present suit against the Defendant - Raashee Fragrances India Pvt. Ltd. seeking injunction from using the mark ‘RAASHEE’.

3. The Plaintiff in the present case is engaged in the business of manufacturing and marketing of pan masala, chewing tobacco, supari mixture, Zaffrani Patti, Zarda and other allied and cognate items since the year 1965. These products are sold in the market under the trade mark/name ‘RAJSHREE’ bearing various registrations in classes 6,29,31 and 34. It is stated that in the financial year 2013-2014 the Plaintiff earned royalty of Signature Not Verified CS(COMM) 680/2017 Page 1 of 10 Digitally Signed more than Rs. 14 Crores and invested more than Rs. 2.5 crores on promotions and advertisements.

4. The case of the Plaintiff is that it came across the trademark application by the Defendant bearing no.1895418 & 1895423 in classes 34 & 31 respectively for the mark ‘RAASHEE’ label. The mark is used in respect of similar business as that of the Plaintiff i.e., zarda mix, pan masala including gutkha, zarda, safrani, khaini, mouth freshners, scented supari, betel nuts, agricultural and other cognate and allied goods. The Defendants have been claiming user since 2009. The Plaintiff upon coming across these trademark applications opposed the said marks and the marks have been abandoned by the Defendant, as on the date of filing of the suit. Though the company was live and active by the Defendant, the mark ‘RAASHEE’ was not being used by the Defendant. The relevant paragraph of the written statement is extracted hereinbelow:

“8. It is submitted that the Defendant, immediately on applying for trademark registration of the said marks started to use the Labels and mark in question and sold various products under the said mark. The Defendant Company thus currently is engaged in the business of manufacturing mouth- freshener, tobacco and tobacco products since 2009 under the mark and style of 'RAASHEE'. It is submitted that although the Defendant Company is live and active however due to mounting losses the products under the mark "RAASHEE" have been discontinued for the time being. The documents pertaining to the same have been filed in the present proceedings.”

5. The Plaintiff, however, felt a reasonable apprehension in the use of the mark ‘RAASHEE’ by the Defendant and hence, filed the present suit.

Signature Not Verified CS(COMM) 680/2017 Page 2 of 10 Digitally Signed The suit was filed initially in 2015 and an ex-parte injunction was granted on 22^nd May, 2015. Vide a detailed judgment dated 4th November, 2015, the interim injunction was confirmed. The findings of the ld. Single Judge on

22^nd May, 2015, are as under:

“In the circumstances, till the next date of hearing, the defendants, their directors, partners or proprietors, assigns as the case may be, their officers, servants, agents and representatives are restrained:

i. from using the trademark RAASHEE directly/indirectly in relation to pan masala, mouth freshners, scented supari, betel nuts of zarda mix, pan masala like gutkha, zarda, safrani and other chewing tobacco, khaini, tobacco products, tobacco raw or manufactured, matches or any other allied items either as a trademark, trade name or domain name or in any form or manner which is either identical or deceptively similar to the trademark RAJSHREE causing infringement of plaintiffs rights under the registered trademark RAJSHREE.

ii. from using the trademark RAASHEE directly/indirectly in relation