Hon’ble Delhi High Court while dealing with a petition here on 07-02-2019 in the case of “M/s Shree RajMoti Industries v. M/s Rajmoti Foods Product” stated that mere trademark filing by defendant gives cause of action to file suit for infringement and passing off. Also, in ex-parte matter, plaintiff is not required to lead evidence.
BRIEF FACTS OF THE CASE
The trademark “RAJMOTI” was adopted and registered by the plaintiff in the year 1962 and used as a prominent part of its trading style primarily in respect of edible oil. Further a trademark application was filed by the defendant seeking registration of the mark “RAJMOTI BRAND”. It was based on claim of user since 1st April, 1995 in several edible products.
The present petition was filed seeking permanent injunction restraining infringement of trademark, passing off, delivery up, etc.
DECISION OF THE COURT
Hon’ble high Court held that mere trademark filing by defendant gives cause of action to file suit for infringement and passing off. Also, in ex-parte matter, plaintiff is not required to lead evidence.
The plaintiff’s trademark “Rajmoti” has been in use since at least 5 decades. They are the prior users and the prior adopters of the mark. Use of mark either upon goods or as a trading style would constitute violation of the plaintiff’s rights under section 29(1), 29(2) and 29(5) of the Act.
Thus, plaintiffs were entitled to a decree of permanent injunction. But, there is no actual damage or sale of products; plaintiff was not entitled to other reliefs.
Read the full Judgement Here-
[embeddoc url=”http://lobis.nic.in/ddir/dhc/PMS/judgement/12-02-2019/PMS07022019SC3352018.pdf” download=”all”]
