SUNSTAR OVERSEAS LTD. Vs. RAMESHWAR DASS GARG

JUDGEMENT

(1.) This order will dispose of IA 11829/2009 - an ad interim temporary injunction application. The suit claims permanent injunction alleging trademark infringement and passing off, unfair competition, rendition of accounts and damages etc.

(2.) The Plaintiff claims to be owner of the trademark "ALISHAN" and states that the mark has been used continuously and extensively by it since 2004 in respect of processed rice and also in the course of trade including export trade. It is submitted that the Plaintiff has spent considerable amounts towards publicity and sales promotion of its brand "ALISHAN"; the mark was registered on 21st September, 2009 under the Trademark Act in respect of rice, pulses/dal, spices, ready to eat food etc. It is submitted that "AALISHAN" mark has strong association with the Plaintiff, and in connection with those products or goods marked by it.

(3.) To substantiate its contention, the Plaintiff has relied upon documents which include photographs of its packaging material and copies of invoices numbering about 330 which are produced along with list of documents filed in support of the suit. The Plaintiff had filed a separate list of documents after the suit was instituted on 09.00.2009 On the strength of the suit averments and documents, the Court had granted an ex prate injunction against the Defendants on 11.09.2009. The second list of documents entered by the Plaintiff includes 92 invoices for the period 2006-2007 and the Plaintiff claims that it became aware of Defendant's use of mark "AALISHAN" when it came across it in a trademark registration advertisement in the journal on 08.09.2008. It is submitted that the Plaintiff filed a notice for opposition to the grant of registration on 22.12.2008 which is pending. The Plaintiff complains that the Defendant is using "AALISHAN" in respect of similar products i.e. rice, Maida, suji, salt and other such condiments. The rival marks being closely similar, if not identical are bound to result in confusion, as to their origin, which would prejudice the Plaintiff. It is submitted that the Plaintiff is registered owner of trademark "ALISHAAN" which has acquired distinctiveness and exclusivity in relation to rice and other similar class of products. The Defendant's adoption of similar mark amounts to infringement and also passing off, against which the Court must grant an ad interim injunction and confirm the order made on 11.09.2009.