The Bombay high court on Thursday upheld the trademark rights of Everest Food Products Pvt Ltd over the usage of trademark ‘Tikhalal’ and restrained Shyam Dhani Industries Pvt Ltd from using the trade name. The court criticised the dishonest action of the defendants and issued an injunction against them for using and manufacturing products similar to Everest.
Everest Food Products had filed a suit against Shyam Dhani Industries for trademark infringement of the word ‘Tikhalal’, contending that the trademark used by the respondent was phonetically, orally, and visually identical and deceptively similar, and a miniscule change of keeping a space between the words ‘Tikha’ and ‘Lal’ did not make the trademark distinctive.
Advocate Hiren Kamod, representing Everest Food Products, argued that Shyam Dhani Industries had tried to adopt dishonest means to benefit from Everest’s goodwill and reputation, and the damage caused to Everest was intangible and not computable in terms of money.
Advocate Harshit Tolia representing Shyam Dhani Industries opposed the suit claiming that the words “Tikha Lal” in the label mark “Shyam Tikha Lal” referred to chili powder and identifies a characteristic of the product.
A bench of justice RI Chagla, however, refused to accept the arguments advanced on behalf of Shyam Dhani Industries and granted relief to Everest, observing that “the impugned trademark (used by Shyam Dhani) is visually depicted on the impugned product leaves no manner of doubt that the defendants are using “Tikha Lal” in the sense of a trademark,” the court added.
{{/usCountry}}A bench of justice RI Chagla, however, refused to accept the arguments advanced on behalf of Shyam Dhani Industries and granted relief to Everest, observing that “the impugned trademark (used by Shyam Dhani) is visually depicted on the impugned product leaves no manner of doubt that the defendants are using “Tikha Lal” in the sense of a trademark,” the court added.
{{/usCountry}}As regards registration of trademark by Shaym Dhani Industries, the court stated that they cannot seek a seal of approval from the court to use a revised trademark and, therefore, restrained them from using the words ‘Tikha Lal’ or using any other mark identical or deceptively similar to Everest’s trademark.
Further, the court imposed a cost of ₹2,00,000 on Shyam Dhani Industries, to be paid within four weeks to Everest.
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