Jay Baba Bakreswar Rice Mill Pvt. Ltd. Vs. Lunia Marketing Pvt. Ltd

Case Title: Jay Baba Bakreswar Rice Mill Pvt. Ltd. Vs. Lunia Marketing Pvt. Ltd. & Ors.:Date of Order: 16 June 2025:Case Number: FAO No. 8/2025:Neutral Citation: GAHC010025102025:Name of Court: Gauhati High Court (Principal Seat at Guwahati):Name of Judge: Hon’ble Mr. Justice Robin Phukan

Brief Facts:

Lunia Marketing Pvt. Ltd. ("respondent") markets rice under the brand “ARHAM,” for which it holds a registered copyright (No. A-89471/2010) and a trade mark. It developed a distinctive trade dress and packaging widely recognized in the North-Eastern region. In 2024, the respondent received complaints regarding low-quality rice sold using deceptively similar packaging under the brand “JAY BABA,” linked to Jay Baba Bakreswar Rice Mill Pvt. Ltd. ("appellant").

Nature of Dispute:

The respondent alleged that the appellant infringed its copyrighted artistic work and trade dress by using near-identical elements in packaging, including the Swastik symbol, color scheme, and phrases like “100% Pure,” thus deceiving consumers and damaging the respondent’s goodwill. The Trial Court granted an ex parte temporary injunction restraining the appellant from using the impugned packaging, leading the appellant to file this appeal.

Discussion by Judge:

Justice Robin Phukan reviewed the trial court's discretionary grant of injunction and found no perversity or arbitrary exercise. The trial court had applied established legal principles, including prima facie case, balance of convenience, and irreparable harm. The Gauhati High Court affirmed that the respondent had shown sufficient urgency and justification for bypassing pre-institution mediation under Section 12A of the Commercial Courts Act, citing the decision in Yamini Manohar v. T.K.D. Keerthi. The judge rejected the appellant's arguments about forum-shopping and absence of urgency, and noted that both copyright and trade dress infringement had been properly pleaded.

Decision:

The appeal was dismissed. The injunction granted by the trial court on 10 January 2025 was upheld. The matter was remanded to the trial court for final adjudication of the interim injunction application.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi.