Court Grants Injunction in 'Lahori Zeera' Trademark Dispute:
The Delhi High Court has granted an ex-parte ad-interim injunction in favor of a plaintiff engaged in the manufacturing and marketing of flavored soft drinks and non-alcoholic beverages under the "LAHORI" trademark. The plaintiff's popular variant, "LAHORI ZEERA," launched in 2015, was found to be imitated by defendants using the mark "LOHORE ZEERA."
The court noted that the defendants had emulated the plaintiff's distinctive packaging, including the color scheme, trademark style, sliced lemon device, label design, and bottle shape of the "LAHORI ZEERA" product. The plaintiff argued that this imitation could cause irreparable harm to their business.
The defendants’ product, bearing the name "LOHORE ZEERA," exhibited a striking resemblance to the plaintiff's "LAHORI ZEERA" in its visual presentation. The court observed that the similarity was not merely superficial but extended to specific elements that are integral to the plaintiff’s brand identity. These elements included the overall layout, font style, and graphical representation, which could easily mislead consumers into believing that the defendants' product was associated with or endorsed by the plaintiff.
Recognizing a prima facie case and the potential for irreparable loss, the court ruled in favor of the plaintiff, granting the injunction to prevent further damage to their brand. The court's decision was based on the principles of trademark protection, which aim to prevent consumer confusion and protect the goodwill associated with established brands. The injunction will remain in effect until the final disposal of the suit or until further orders.
The plaintiff provided substantial evidence demonstrating the market presence and popularity of the "LAHORI ZEERA" product, highlighting its unique positioning in the market since its launch. The court was convinced that the defendants' actions could lead to significant consumer confusion and dilution of the plaintiff's brand equity.
Furthermore, the court emphasized the importance of maintaining the integrity of trademark rights, particularly in cases where a product's distinctive features play a critical role in its market success. The decision underscores the judiciary's role in upholding intellectual property rights and ensuring fair competition in the marketplace.
Case Summary:
Plaintiff:Manufacturer of "LAHORI" brand beverages
Defendants:Accused of imitating the "LAHORI ZEERA" product
Court's Decision:Granted ex-parte ad-interim injunction to the plaintiff.
Case Title:Archian Foods Private Limited Vs Devsar Industries
Judgement/Order Date: 02.05.2024
Case No. CS(COMM) 354/2024
Neutral Citation:NA
Name of Court: Delhi High Court
Name of Hon'ble Judge: Sanjeev Narula. H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
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