Ajay Goyal Vs. Anil Verma:31 January 2024:CS(COMM) 93/2024:High Court of Delhi:Hon’ble Mr. Justice Anish Dayal
The plaintiff, engaged in manufacturing and selling household products since 1981 and operating under the name ‘Food Agro International Inc.’ since 2014, claimed use of the trademark ‘SUFIYANA’ from 2014/2018 with significant promotional expenditure and turnover. In January 2024, the plaintiff discovered that the first defendant was selling products under the mark ‘SUFIYAMA’ with an identical trade dress for similar products, and that the second defendant was acting as a wholesaler for such goods. The plaintiff alleged that the defendants had adopted a deceptively similar mark and packaging, amounting to infringement and passing off, and sought urgent injunctive relief along with appointment of a local commissioner.
The suit was registered, summons were issued, and the Court found a prima facie case, granting an ex-parte ad interim injunction restraining the defendants from using the impugned mark or any deceptively similar mark. A Local Commissioner was appointed to visit the defendant’s premises, prepare an inventory, seize infringing goods and materials, and return them on superdari with undertakings. Directions were issued for assistance from local police, and timelines for execution and report submission were fixed.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice
