E-Paper
Delhi court stops food manufacturer from using ‘10XShakti’ mark; here's why
The court has restrained GRM Food from using the ‘10XShakti’ trademark of Kumar Food, till the next date of hearing.
A Delhi court has directed a food manufacturer to not use the trademark ‘10XShakti' for the time being, observing that the use could lead to ‘irreparable damage’ for the proprietor of the mark ‘Shakti Bhog.’
Kumar Food Industries Limited, which had Shakti Bhog Limited as its predecessor company, had filed against GRM Food Craft Private Limited using the ‘10XShakti’ mark, saying the use was ‘unauthorised’ and an ‘infringement.’
Kumar Food sought an ex-parte injunction against GRM Food from using ‘10XShakti’ on the latter company's wheat flour packets.
In his order dated January 18, district judge (commercial) Umed Singh Grewal, said, “The annexed documents undoubtedly show that the predecessor of the plaintiff (Kumar Food) was the proprietor of the trademark Shakti Bhog and device mark and its variants which have been assigned to the plaintiff in 2017.”
The judge noted that on the wheat flour packets of GRM Food, ‘Shakti’ was prominently mentioned in big fonts, while 10X was in small fonts.
“Therefore, this could create confusion in the mind of customers to believe that the goods contained in the packaging bearing those words or trademark were the goods manufactured by the plaintiff (Kumar Food),” the order stated.
It also stated that the applicant had a ‘prima facie’ case in its favour and there was a possibility of ‘irreparable loss of goodwill and money' if the plea was not allowed.
"So, to save the plaintiff from financial and reputation losses, and the general public from buying the goods which may be of substandard quality, the application is allowed and the defendant and its representatives are restrained till the next date from using the trade mark 10X Shakti or its variants on the packaging containing wheat flour," the court held.
(With PTI inputs)
