In this blog, we take a look back at the decision given by the Delhi Court in the year 2019 wherein it granted ex-parte injunction in favor of India Gate Basmati Rice.
The Patiala House Court in Delhi Court on 20.08.2019 passed the order in the case of M/S KRBL limited (Plaintiff) v. N. Suresh Babu (Defendant) against the defendant for infringement of the plaintiff’s trademark “INDIA GATE”.
The case of the Plaintiff was that the defendant was involved in the manufacturing, marketing and sale of Rice. He has adopted started using trademarks/label “SUN GATE” which is similar to the plaintiff and have given false trade description to their impugned goods. The plaintiff contended that the resemblance between the rival trademarks are so close that it can hardly occur except by deliberate imitation. Such activities of the defendant have resulted in huge losses both in business and reputation of the plaintiff.
The Plaintiff contended that through its renowned trademark “INDIA GATE”, the plaintiff has been engaged in the business of processing, marketing and exporting of Rice of various kinds including Basmati Rice.
Plaintiff also holds copyright in the art work involved in the plaintiff’s trademarks/label and its exhaustively promoting the said trademark through various print media as well as entertainment channels.
The court framed the following issues for consideration –
Whether the plaintiff is entitled to decree for permanent injunction restraining defendants, their agents, representatives, stockists etc. for using, selling, soliciting etc. of impugned goods containing Trade Mark/Label SUN GATE with device of INDIA GATE of the impugned goods?
- Whether plaintiff is entitled to decree of injunction restraining the defendants and their subjects from dealing with or disposing of the merchandise containing trade Mark/Label SUN GATE with device of INDIA GATE of the impugned goods?
- Whether plaintiff is entitled to decree of delivery up of impugned goods containing Trade Mark Trade Mark/Label SUN GATE with device of INDIA GATE of the impugned goods?
- Whether plaintiff is entitled to Rendition of accounts and damages on account of profits made by the defendant by sale of goods containing Trade Mark Trade Mark/Label SUN GATE with device of INDIA GATE of the impugned goods?
Since the defendant did not appear in the case, he was proceeded ex-parte and the court stated that the plaintiff has proved that they are the registered users of the trademark “INDIA GATE with device of INDIA GATE” and the trademark has acquired distinct features and they are regularly doing trade of processing, marketing and exporting of rice of various kinds including Basmati rice under the said trade name along with label/device and have acquired passing off rights also.
The court then granted permanent injunction against the defendants restraining them using the mark SUNGATE with the device of the mark INDIA GATE
The Plaintiff was awarded the cost of proceeding as Rs. 50,000. Interestingly, the court observed that the plaintiff could not be granted any damages since it has submitted no proof regarding damages suffered by them.
This blog was submitted by Shreya Marwaha, Intern at Let’s Learn Law.