[2026:RJ-JD:4613-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 3815/2025 Mupub Mehta S/o Vinod Kumar Mehta, Aged About 35 Years, Lalit Nivas, Station Road, Sumerpur, Tehsil Sumerpur, District Pali, Rajasthan. Other Address- Owner/authorised Officer, Plot No. 1 A, Vidhi Agritech, Aungaur Industrial Area, Jawaibandh Road, Sumerpur, Tehsil Sumerpur, Distt. Pali (Raj.)

----Appellant Versus

1. M/s Vinayak Corporation (Huf), Through Karta Representative Khima Ram S/o Dhulaji Address 47-48 A Jakha Mata Industrial Area, Sumerpur, Tehsil Sumerpur, District Pali, Rajasthan

2. M/s Uma Trading Company, A Jakha Mata Industrial Area, Sumerpur, Tehsil Sumerpur, District Pali Rajasthan ----Respondents For Appellant(s) : Dr. Ashok Soni Sr. Adv. Asst by Mr. Yash Dadhich Mr. Prateek Charan Mr. Aditya Soni Dr. Milap Chopra For Respondent(s) : Mr. Rajesh Joshi Sr. Adv. Asst by Mr. Naman Mohnot Mr. Anirudh Kothari Mr. Himanshu Pareek HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

27/01/2026

1. Under challenge herein is an order dated 07.10.2025 passed by learned Commercial Court No.1, Metropolitan Jodhpur in Civil Misc. Case No.20/2025 (NCV No.20/2025) whereby application filed by respondent No.1/plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 of C.P.C. seeking temporary injunction was allowed. Consequently, the appellant has been restrained by way of temporary injunction, pending disposal of the suit, from manufacturing or selling similar or parallel products, either directly or through dealers, distributors, representatives, employees or agents, under the trademark ‘DURGA’ or packing label wholly of partially similar thereto.

2. The respondents claim that mustard and groundnut oil have been manufactured and sold by them under the trademark “DURGA” since 1999. The trademark was originally owned by Vrindavan Oil Products, which applied for its registration on 01.06.2009, and the mark was duly examined and registered on 30.08.2018. By an Assignment Deed dated 28.02.2020, the trademark along with its goodwill was assigned to M/s Uma Trading Company, and subsequently, by another Assignment Deed dated 02.11.2021, it was assigned to the respondent, M/s Vinayak Corporation; both assignments were duly recorded with the Trade Marks Registry.

2.1 Respondent No.1 instituted a suit seeking permanent injunction, damages, and restraint against the appellant on allegations of infringement of its registered trademark and passing off. Respondent No.1 asserts exclusive statutory rights over the registered trademark “DURGA” in respect of mustard oil and alleges that the appellant has commenced sale of mustard oil under the mark “TRIBAA DURGA” with a deceptively similar label, colour scheme, layout, packaging, and imagery of Goddess Durga, thereby causing likelihood of consumer confusion and misappropriation of the respondent’s goodwill. On these allegations, interim relief was sought to restrain the appellant from using the word “DURGA” or any deceptively similar mark, as well as from manufacturing, selling, or promoting oil products using the impugned packaging or trade dress.

2.2. The appellant filed a reply opposing the grant of interim injunction, contending that the word “DURGA” is a common word and the name of a Hindu deity, and therefore incapable of exclusive appropriation. It was pleaded that several traders are using the word “DURGA” as part of their trademarks and that the appellant has been independently using the mark “TRIBAA DURGA” since the year 2021. The appellant denied any similarity in the label, font, colour scheme, or packaging, and raised objections of delay, acquiescence, absence of a prima facie case, balance of convenience, and irreparable injury. It was further stated that the appellant’s application for registration of the mark “TRIBAA DURGA” dated 08.01.2025 had been accepted and advertised by the Trade Marks Registry, though the same had been opposed by the respo