Husenali Anwarali Charaniya vs Hasmukhbhai Bhagvanbhai Patel

The case of Husenali Anwarali Charaniya Vs. Hasmukhbhai Bhagvanbhai Patel, heard on 24 June 2024 in the High Court of Gujarat at Ahmedabad, involves a dispute over the use of a trademark and copyrighted label for betel nut products. Charaniya, the plaintiff, alleges that Patel, the defendant, is using a deceptively similar mark and label, "Kranti Kaka," which infringes on Charaniya's trademark "Kanti Kaka" and copyrighted label.

The plaintiff, Charaniya, has been in the business of manufacturing and marketing betel nut products since 2016 and has established goodwill and reputation in the market. He has a registered copyright for the label and has applied for a trademark. The defendant, Patel, is also in the same business and has been using a mark and label that the plaintiff claims is confusingly similar to his own. The District Court, in an order dated 09.05.2024, granted an interim injunction against Patel, restraining him from using the deceptively similar mark and label until the final disposal of the suit. Patel appealed this decision, arguing that the plaintiff had not established exclusive rights to the mark and that there was a delay in filing the suit.

The High Court, in its oral order, upheld the District Court's decision. It found that the plaintiff had established a prima facie case of passing off, as the defendant's mark and label were deceptively similar to the plaintiff's, which could lead to confusion among consumers. The court also noted that the plaintiff had demonstrated goodwill and reputation in the market, and the defendant had not shown prior use of the mark or label. The High Court relied on Supreme Court decisions that established the principles for granting injunctions in cases of passing off, stating that the appellate court should not interfere with the trial court's discretion unless it was exercised arbitrarily or capriciously.

The High Court found that the District Court had reasonably exercised its discretion and that no interference was necessary. The High Court also addressed the issue of delay in filing the suit, stating that mere delay does not defeat the grant of an injunction, especially if the adoption of the mark appears dishonest. The High Court dismissed the appeal and upheld the interim injunction in favor of Charaniya. In summary, the High Court of Gujarat at Ahmedabad, in its order dated 24/06/2024, dismissed the appeal by Hasmukhbhai Bhagvanbhai Patel against the interim injunction granted by the District Court.

The court found that the plaintiff, Husenali Anwarali Charaniya, had established a prima facie case of passing off and that the defendant's use of a deceptively similar mark and label could lead to confusion in the market. The High Court upheld the District Court's decision to grant an interim injunction, finding that the District Court had exercised its discretion reasonably and judiciously.

Case Citation: Husenali Anwarali Charaniya vs Hasmukhbhai Bhagvanbhai Patel:24.06.2024:[Appeal from Order 94 of 2024]: 2024 GUJHC 33167:Gujarat High Court: Nikhil S Kariel.H. J.

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Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

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