Delhi Court Bars 'Goldey' Brand for Being Deceptively Similar to Goldiee Masale

A Delhi Commercial court has barred a Tripura-based trader from using the brand name “Goldey”, ruling that it is deceptively similar to “Goldiee”, the registered trademark of the well-known Indian spice company Shubham Goldiee Masale Pvt. Ltd. The ruling came on October 25 after the trader failed to appear in court despite receiving summons. The case was heard at the Commercial Court in Saket, where District Judge Sandeep Yadav issued the order of permanent injunction. According to Shubham Goldiee Masale, the company was founded in 1980 in Kanpur and produces a wide range of food products, including spices and tea, under the Goldiee brand. It also stated that its trademark is registered in multiple categories and has been renewed regularly.The company claimed that the Tripura trader had applied to register “Goldey” for similar products like tea, popcorn, and spices. Shubham Goldiee argued that this was a dishonest attempt to mislead consumers into thinking the products were associated with its brand. The court agreed, noting that the marks “Goldiee” and “Goldey” are visually and phonetically similar. This similarity, the court said, could easily confuse an average consumer."The impugned trademark GOLDEY has striking phonetic similarities with the trademark GOLDIEE of plaintiff. Consumer of ordinary prudence is likely to be misled by the impugned trademark of defendant believing it to be the trademark of plaintiff. Thus, the impugned trademark of defendant is deceptively similar to the trademark GOLDIEE of plaintiff and is likely to cause confusion in the minds of consumer of average intelligence.”, the court said."Even though the Tripura trader had not started selling products under the Goldey name, the court said the mere act of applying for the trademark posed a “imminent and grave threat” to Shubham Goldiee's brand.Consequently, the court issued a permanent injunction, preventing the trader from using "Goldey" or any similar mark for food products like tea, popcorn, and spices. The trader was also ordered to pay Rs 5 lakh to Shubham Goldiee as costs for failing to appear and cooperate in the proceedings. Case Title: Shubham Goldiee Masale Pvt. Ltd. v. Rama Biswas Case No.: CS (DJ) 525/2021Appearance: For the Plaintiff: Advocate Shravan Kumar BansalClick Here To Read/Download The Order

Delhi Court Bars 'Goldey' Brand for Being Deceptively Similar to Goldiee Masale

Ayushi Shukla

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