CHANDIRAM SHADIZA Vs. LOKESH SHADIZA

JUDGEMENT

(1.) This Miscellaneous Appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure has been preferred against the order dtd. 8/9/2025 passed by the Principal District Judge, Durg, Chhattisgarh in Civil Suit No.31-A/2025 whereby, interim injunction was granted in terms of Sec. 135 (2) of the Trade Marks Act, 1999 (hereinafter "the Act, 1999"), the application preferred by the respondent/plaintiff was partly allowed and the appellant/defendant was restrained from using his trademark "RIYAAN" in respect of detergent powder till three months from the date of passing of the interim order or final disposal of the suit, whichever is earlier.

(2.) Necessary facts of the case are that respondent/plaintiff filed a civil suit under Sec. 134 of the Act, 1999 read with Sec. 62 of the Copyright Act, 1957 (hereinafter "the Act, 1957") for damages and permanent injunction by making averments, inter alia, that he is in the business of manufacturing, packaging and thereafter selling of detergent powder in the name of "RIHAAN DETERGENT POWDER" which is manufactured at Shankar Industries owned by the plaintiff. The trademark No.5041282 was issued by the Authorities and the plaintiff has also registered the said product with the Authorities of Copyright Act. It has been further averred that the appellant/defendant is manufacturing and selling the product "RIYAAN DETERGENT POWDER" in the market deceptively which is similar with plaintiff's product in colour and packaging which creates confusion to the customers of plaintiff and as a result, financial loss along with loss of reputation and investment has been caused.

(3.) In the written statement filed by the appellant/ defendant, it has been averred that plaintiff/respondent and appellant/defendant are nephew and uncle respectively and belong to same family. Earlier, business of "RIHAAN DETERGENT POWDER" was operated by both plaintiff and defendant, however, later on, a dispute arose amongst the family members and a consent agreement dtd. 9/11/2022 was executed and defendant started business of "RIHAAN DETERGENT POWDER". Although, as per the terms of the settlement, defendant has complied with his part of the obligation and had executed gift deed dtd. 6/10/2022 and sale deed dtd. 9/11/2022 in favour of plaintiff but the respondent/plaintiff failed to discharge his obligation and till date not transferred the registration of "RIHAAN DETERGENT POWDER" in the name of Defendant. It has been further averred that there is no resemblance between the detergent powders as the defendant is manufacturing detergent powder under the Shiva Industries and only because there is some family dispute, with an ill intention, the suit has been filed by the plaintiff.