JAIN RICELAND PVT LTD Vs. SAGAR OVERSEAS

JUDGEMENT

(1.) Plaintiff in the present suit inter alia seeks permanent injunction against the defendant, its servants, agents, distributors etc. from manufacturing, using, marketing, selling, soliciting, displaying, advertising or in any other mode or manner dealing with in or using/representing, displaying the impugned trademark/word 'SWAD' which was deceptively similar to the plaintiff's trademark in respect of rice of all kinds and from infringement of its trademark 'SWADI' and 'SWADISHT' registered under Nos. 1143786 and 1143787 respectively in Class-30 besides claiming passing off in respect of its trademark 'SWAD'. Plaintiff claims that its predecessor and family concern namely Paras Trading Company, Naya Bazar, Delhi in January, 1991 conceived and adopted the trademark 'SWAD' in relation to rice of all kinds. M/s Paras Trading Company through its partner vide the Deed of Assignment executed on 2nd April, 2012 assigned its several trademarks, used/registered and/or pending registration to the plaintiff. The plaintiff also claims that the artistic work bearing the title 'SWAD' is also registered under No.A-54277 dated 27th October, 1997 under the Copyright Act , 1957 in the name of plaintiff's predecessor and the plaintiff has filed an application for amendment of the said registration in its name. Having successfully used the trademark 'SWAD', plaintiff got registration of the trademarks 'SWADI' and 'SWADISHT' as noted above. By virtue of the long, continuous and established user coupled with the reputation, the purchasing public and the trade identifies and recognizes the trademark 'SWAD' indicating the exclusive and quality product of the plaintiff and none else. Plaintiff has placed on record figures of the sales since the year 2005 for its rice under the brand 'SWAD'. Plaintiff also claims to be extremely vigilant in safeguarding its interest and rights in the trademark 'SWAD' and claims that from time to time it has initiated proceedings/ taken legal actions against third parties misusing the same and reference in this regard is made to one civil suit being CS (OS) No. 1692/2002 wherein on the parties settling the matter the same was decreed in favour of the plaintiff. Thus the plaintiff claims rights both statutory and under common law in the trademark 'SWAD', 'SWADI' and 'SWADISHT'.

(2.) In the plaint, the plaintiff further claims that the defendant has recently started representing the word 'SWAAD' in respect of its goods, that is, rice manufactured, packed and marketed by it which is identically/deceptively and closely similar to the plaintiff's prior adopted and reputed trademark 'SWAD' and also deceptively and closely similar to plaintiff's registered trademark 'SWADI' and 'SWADISHT'.

(3.) When the suit came up for the first time before this Court on 13th July, 2016 this Court passed an ad-interim ex-parte order in favour of the plaintiff and against the defendant restraining the defendant, its officers, representatives, distributors, agents, assigns, etc. from using the impugned trademark 'SWAAD' or any other mark which is deceptively similar to the plaintiff's trademark 'SWAD'/'SWADI'/'SWADISHT' in respect of rice of all kinds under Class-30 which interim order is continuing.