GANESH GRAINS LIMITED Vs. SHREE GANESH BESAN MILL

JUDGEMENT

(1.) In a suit for infringement of a registered design and passing off, the plaintiff has sought interim protection.

(2.) Upon the present application being moved, an ad interim Order dated January 4, 2021 had been passed granting orders in terms of prayers (a) and (c) of the petition. The petition has come up for final disposal after completion of affidavits.

(3.) Learned Senior Advocate appearing for the plaintiff has submitted that, the plaintiffs are manufacturers, merchants and exporters of various flour products. The predecessor-in-interest of the plaintiffs had started the business of manufacturing and marketing of flour under the name and style of Ganesh Flour Mills and sold products under the mark "Ganesh" since 1936. The plaintiff No. 2 had joined the business and carried on the same under the name and style of Ganesh Flour Mills. According to him, the plaintiffs have built a strong presence in West Bengal and Eastern India in terms of market share, brand recognition and distribution. He has submitted that, the plaintiffs are now having Pan India presence. He has contended that, the plaintiffs have adopted the trade mark "Ganesh" in the year 1936 in order to distinguish their products and also for trade identity. The plaintiffs had been in continuous and uninterrupted use of the trade mark "Ganesh". He has referred to the trade mark registration of the word "Ganesh". He has submitted that the same has been registered in Class 30.