Ex-Parte Ad Interim Injunction Granted In Favor Of Rasna Private Limited Concerning The Impugned Trademark ‘RASNA’
LIVELAW NEWS NETWORK
10 May 2023 9:57 PM IST
Image Source : Legal Zoom
Rasna Private Limited, a pioneer in soft drink concentrate in India, has instituted a suit seeking permanent injunction against a defendant for infringement and passing off of its goods under the plaintiff's registered trademark "RASNA". The suit also seeks damages under The Trademarks Act, 1999.
The plaintiff has been spearheading the industry since 1970 through their predecessors, and the trademark RASNA is registered for goods falling under Class 29, 30, 31, 32 and various other classes. The plaintiffs have alleged that the defendant has been marketing its goods under the trademark "RASNA MADHI TOOR DAL" ,where the word "RASNA" appears prominently on the packages. The plaintiff contends that this amounts to infringement of their trademark and passing off action.
The plaintiff has submitted that the defendant's use of the identical trademark "RASNA MADHI TOOR DAL" amounts to infringement of their trademark, with the sole motive to pass off their products amongst consumers and portray themselves as associated with the plaintiff company and RASNA brand, to usurp the goodwill and reputation of the plaintiff and their brand RASNA.
The court held that the plaintiff's trademark RASNA is registered for goods falling under Class 31, which includes grains, whereas it appears from the record that the defendant has started marketing its products at a later stage. The plaintiff has contended that the mark being coined enjoys inherent distinctiveness, and its prolonged and continuous usage has earned them goodwill and reputation.
On comparison of the plaintiff's trademark with that of the defendant's i.e. RASNA MADHI TOOR DAL, it prima facie appears that the latter consists of the word "RASNA," which is deceptively similar and likely to deceive or cause confusion in the minds of consumers.
The court prima facie found that the dilution and tarnishing of the reputation, which the plaintiff's predecessors have earned through many years of consumer satisfaction, would lead to incalculable losses and irreparable damage to their brand value. Therefore, the court has granted an ex-parte ad interim injunction in favor of the plaintiffs, restraining the defendant from using the impugned trademark RASNA till the next date of hearing.
Case Title: Mr. Piruz Khambatta, through Power of Attorney-holder Mr.Zubin Khambatta and Rasna Private Limited Versus M/s. Punit Proteins Private Limited
Counsel for Plaintiff: Mr. Pratik Chaudhary & Mr. Akash Shah with Mr. Y.J.Trivedi,
