Trademark : Prior use of the trademark 'AL-BUSTAN - Identical mark and deceptively similar packaging to confuse consumers

Delhi High Court Grants Ex-Parte Injunction in Trademark Dispute Court restrains Knam Foods Pvt. Ltd. from using deceptively similar trademark and packaging to Amir Chand Jagdish Kumar Exports Ltd's 'AL-BUSTAN'

In a significant ruling, the Delhi High Court has granted an ex-parte ad-interim injunction against Knam Foods Pvt. Ltd., preventing them from using a trademark and packaging similar to Amir Chand Jagdish Kumar Exports Ltd's 'AL-BUSTAN'. The judgment, delivered by Justice Manmeet Pritam Singh Arora, addresses allegations of trademark infringement, passing off, and copyright violation.

Amir Chand Jagdish Kumar Exports Ltd, engaged in the rice export business, claimed prior use of the 'AL-BUSTAN' trademark since 2007, which is also registered in the plaintiff's name. The defendants, Knam Foods Pvt. Ltd., were accused of using the identical 'AL-BUSTAN' mark and deceptively similar blue and yellow packaging, allegedly designed to confuse consumers and exploit the plaintiff's goodwill.

The Court, after examining the evidence presented, acknowledged the plaintiff's prima facie case for trademark infringement and passing off. It noted the defendants' packaging closely mirrored the plaintiff's, including identical mobile numbers and literary works, suggesting an intent to mislead consumers into believing they were purchasing the plaintiff's products.

Justice Arora highlighted the urgency of the plaintiff's need for relief, citing the balance of convenience and potential irreparable harm if the defendants continued their activities. The Court emphasized that both parties marketed their products through similar channels, targeting the same consumer base, increasing the likelihood of consumer confusion.

The judgment also noted the absence of representation from the defendants during the proceedings, despite being served advance notice via email.

In conclusion, the Delhi High Court restrained Knam Foods Pvt. Ltd., along with their agents and associates, from using, selling, or advertising under the 'AL-BUSTAN' trademark or any deceptively similar trade dress until further notice. The decision underscores the Court's commitment to protecting intellectual property rights and preventing unfair competition in the marketplace.

Bottom Line:

Trademark and Copyright - Ex-parte ad-interim injunction granted restraining defendants from using, selling, or dealing in a mark/label/trade dress deceptively similar to the plaintiff's trademark, label, and trade dress.

Statutory provision(s): Trade Marks Act, 1999 Sections 27, 29, 135; Civil Procedure Code, 1908 - Order XXXIX Rules 1 and 2; Commercial Courts Act, 2015, Section 12A.

Amir Chand Jagdish Kumar Exports Ltd v. Knam Foods Pvt. Ltd., (Delhi) : Law Finder Doc Id # 2814142