Delhi High Court Restrains Pan Masala Manufacturer From Using 'Raashee' Mark In Trademark Infringement Suit By 'Rajshree'

The Delhi High Court has restrained a manufacturer from using “Raashee” mark in respect of pan masala, mouth freshners and other chewing tobacco products in a trademark infringement suit filed by “Rajshree” Pan Masala.

Justice Prathiba M Singh said that the manufacturer will, however, be free to use the two proposed marks, मेरी राशी and My Raashee, so long as they are used in a manner that the words 'My' or 'मेरी' are of the same font, colour and size as the word 'Raashee'.

“The Defendant while adopting the above two proposed marks shall, however, ensure that the packaging, get up and lay out is not in any manner imitative of the Plaintiff's 'RAJSHREE' paan masala packaging,” the court said.

The said proposal made by the defendant manufacturer was acceptable to Rajshree Pan Masala, as long as undue prominence was not given to the word 'Raashee' and the colour combination, get up, lay out or the arrangement of the 'RAJSHREE' paan masala packaging.

It decreed the suit filed by Kamal Kant and Company LLP against Raashee Fragrances India Pvt. Ltd. seeking injunction from using the mark 'Raashee.'

“In view of the fact that the matter is resolved at this late stage and considering the fact that that suit has been litigated since May, 2015, ld. Counsel for the Plaintiff is willing to give up the relief of damages,

rendition of accounts and costs subject to the Defendant paying the sum of Rs.50,000/-, all the other reliefs are rejected. Ordered accordingly,” the court said.

It ordered that the costs of Rs. 50,000 shall be paid by the defendant manufacturer within four weeks to the Counsels for Rajshree Pan Masala.

Counsel for Plaintiff: Mr. Abhishek Malhotra and Mr. Kartikay Dutta, Advs

Counsel for Defendant: Mr. Sagar Chandra and Mr. Nikhil Sonker, Advs

Title: KAMAL KANT AND COMPANY LLP v. RAASHEE FRAGRANCES INDIA PVT LTD

Citation: 2024 LiveLaw (Del) 116

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