JHAVERI INDUSTRIES Vs. MAJETHIA MASALA

JUDGEMENT

(1.) The plaintiffs have filed the present suit contending that the defendants have infringed their trade mark by using the word Rajwadi. The plaintiffs also contend that by using the word Rajwadi, the defendants are passing off their own products as those of the plaintiffs. The plaintiffs have, therefore, sought an injunction against the defendants from using the mark "Rajwadi" or using the word "Rajwadi" on any of their products. The plaintiffs have also claimed for injunction against the defendants for passing off their goods by using deceptively similar mar "Rajwadi".

(2.) The plaintiff are a partnership firm carrying on the business of manufacturing Indian spices, condiments and masalas for cooking. The plaintiffs contend that they are owners of a trade mark "Badshah Rajwadi" in India. They have an annual sale of Rs. 28,63,04,813 in respect of those brands. The plaintiffs have claimed in the suit that they have a registered trade mark bearing Registration No. 273890 in Class 30. They have also applied for registration of the mark in respect of spices and related products for cooking. Undisputedly, the word Rajwadi has a disclaimer and only the word "Badshah" has been registered as seen from the certificate of registration of trade marks issued under the Trade Marks Act, 1999. The word mark "Badshah" is registered.

(3.) The plaintiffs contend that the defendants have entered in business of selling spices, masalas and condiments in 2004 and introduced the word "Rajwadi" for their "Sabji Masala". The plaintiffs contend that the use of the mark "Rajwadi" would result in an unwary purchaser of an average intelligence being misled into buying the defendants' product assuming them to be the products of the plaintiffs. According to the plaintiffs, since they have a registered trade mark "Badshah Rajwadi", the defendants have infringed their mark by using the word Rajwadi.