IPR Violation Affects Public Interest, Courts Should Be Prompt In Granting Interim Injunction: Rajasthan High Court

Rajasthan High Court has held that in matters of blatant violation of intellectual property rights, a prompt injunction order has to be granted to protect not only the interest of the aggrieved but also of the public at large.

The bench of Justice Anoop Kumar Dhand thus allowed the temporary injunction application filed by the firm Rajani Products over alleged infringement of its registered trademark for the word “Swastik”.

It was alleged that the Respondent was using a nearly identical and deceptively similar trademark and label under the name “Shree Parwati Swastik” which had caused significant losses to the petitioner's business.

After hearing the contentions, the Court highlighted that the petitioner was holding the registered trademark and the associated label since 1983, and was using it for its business of edible oils.

“Prima facie, this Court is of the opinion that the impugned artistic work by the respondents are a reproduction of the petitioner's artistic work and/or substantial parts thereof, and the added matters on the respondent's labels do not make the impugned labels distinctive or dissimilar to the petitioner's labels. Hence, the respondent's use of the impugned trade mark and labels amounts to infringement of the petitioner's copyright and registered trade mark,” Court said.

In this light, the Court set aside the trial court order declining interim relief and restrained the respondent from using the trade mark “Swastik” and its label, till the final disposal of the suit.

Title: Rajani Products v Bhagwan Das Harwani & Anr.

Citation: 2025 LiveLaw (Raj) 120

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