Case Title: Bikaner Sweets Corner Vs. Balaji Corner & Ors.
Date of Order: 19.08.2025
Case Number: CS(COMM) 835/2025
Name of Court: High Court of Delhi
Name of Judge: Justice Manmeet Pritam Singh Arora
The plaintiff, Bikaner Sweets Corner, claimed long-standing use and goodwill of the trademark/tradename ‘BIKANER SWEET CORNER’ at Paharganj since 2006, building upon their predecessor's business from 1982, and alleged that the defendants opened an adjoining outlet with identical name, external appearance, layout, signage, and packaging, thereby seeking to pass off their goods and services as those of the plaintiff and exploit plaintiff's reputation. The defendants justified their use based on a trademark assignment deed from Defendant No. 3, who claimed to be the prior user with applications dating to 2004 and some invoices, but failed to show uninterrupted commercial use of the mark in the relevant locality.
The court, considering statutory records, photographs, and evidence of goodwill and continuous use since 2006, held that the plaintiff was the prior and honest user of the mark ‘BIKANER SWEET CORNER’ in Paharganj, and found the defendants’ adoption and use to be non-bona fide, amounting to passing off and misrepresentation likely to cause confusion among consumers. An interim injunction was granted restraining the defendants from using the impugned mark and requiring the removal of infringing signboards and packaging, with directions for further pleadings and compliance.
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.