Bombay High Court Directs Seizure Of SE Oil Products' Soya Bean Oil Upon Finding Trademark Deceptively Similar To Patanjali's Marks

The Bombay High Court recently appointed a court receiver and directed immediate seizure of the refined soya bean oil produced by SE Oil Products Pvt Ltd as its trademark was 'deceptively similar' to the trademark of Patanjali Food Ltd.

In an ex-parte ad-interim order, Justice RI Chagla observed that prima facie, SE's trademark was identical to Patanjali's registered trademark “TULSI” and non-registered trademark “TULSI GOLD”.

The order was passed in an intellectual property rights suit by Patanjali. The court had said that the order would be uploaded only after the Additional Special Receiver completed the surprise seizures.

“I am of the opinion that the similarity between the rival trademarks is not a matter of coincidence. Defendant's impugned mark is identical with and/or deceptively similar to the Plaintiff's registered Trademark “TULSI” and Trademark “TULSI GOLD,” the court observed.

Advocate Prathamesh Kamat, along with Apoorv Srivastava, appeared for Patanjali. They submitted that Patanjali Foods was earlier known as Ruchi Soya Industries and is a pioneer of Soya foods in India.

It was submitted that they had a registered trade mark of 'TULSI' and exclusively use over the trademark 'TULSI GOLD' since 2006. Patanjali claimed it had spent considerable money on advertising its trademark 'TULSI GOLD' since then.

Kamat argued that the defendants had applied for registration of the trademark 'TULSI GOLD' in their name in 2008 but withdrew the application in 2015 after the Trademark office raised objections.

The defendants had made another attempt in 2014 before the Mumbai trademark registry, which was rejected in October 2016. 

“Prima facie, the Plaintiff has secured registration in respect of the trademark “TULSI” and has been using the Trademark “TULSI GOLD” since 2006. This indeed shows that the Plaintiff holds proprietary rights in the same. From the documents annexed to the Plaint, it is prima facie evident that the Plaintiff's registered trademark “TULSI” and Trademark “TULSI GOLD” has gained immense goodwill and reputation,” the court said.

Accordingly, the court directed the defendants to stop using the Trademark 'TULSI GOLD' immediately. It  further directed the Receiver to seize all products with this trade mark available in the market by raiding several locations of the defendant.

The court permitted breaking open locks with the help of the police and directed the receiver to create an inventory of things found by him. 

“A direction to seize and seal and keep in the Plaintiff premises all the offending materials, including cartons, packaging, dyes, moulds, machinery, printing equipment, and other materials of all description that carry the impugned marks or labels," it said. 

Case title - Patanjali Foods Ltd. vs SE Oil Products Pvt Ltd. & Anr.

Case No. - COM IPR SUIT (L) NO.29378 OF 2023

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