Delhi High Court Grants Ex-Parte Ad Interim Injunction in Favor of DS Afrifoods Pvt. Ltd. in Trademark Dispute with Singhal Enterprises
In this case the Delhi High Court has granted an ex-parte ad interim injunction in favor of DS Afrifoods Pvt. Ltd., the proprietor of the trademarks “DOONMALAI” and its trade dress/packaging, against Singhal Enterprises for the alleged use of a deceptively similar mark, “DOODHMALAI,” for identical products.
DS Afrifoods Pvt. Ltd. has been using the trademark “DOONMALAI” since June 1, 1986, for their rice products, and their trademarks and labels are currently pending registration in Class 30 before the Trademarks Registry. In addition to trademark rights, the plaintiff claims copyright over the artistic work comprising these labels.
The plaintiff brought the suit against Singhal Enterprises, alleging that the defendant's mark “DOODHMALAI” is phonetically, visually, and structurally similar to “DOONMALAI.” Furthermore, the defendant has allegedly replicated the make and design of the plaintiff’s products. The court noted that the previous business relationship between the parties suggests that the defendant's adoption of the impugned mark and packaging may be intended to leverage the plaintiff’s established market reputation.
In the court’s prima facie opinion, the defendants appear to be passing off their goods as those of the plaintiff. This conclusion is supported by the plaintiff’s detailed sales figures presented in the plaint. Judge Sanjeev Narula found that the plaintiff has made a convincing prima facie case, demonstrating that an ex-parte ad interim injunction is necessary to prevent irreparable loss to the plaintiff. The balance of convenience was also deemed to favor the plaintiff.
As a result, the Delhi High Court issued an ex-parte ad interim injunction, prohibiting Singhal Enterprises from using the “DOODHMALAI” mark or any similar variants until the next hearing. This order aims to protect the plaintiff's trademark rights and prevent consumer confusion in the market.
Case Title: DS Afrifoods Pvt. Ltd. Vs Singhal Enterprises
Judgment/Order Date: 30.05.2024
Case No. CS(COMM) 477/2024
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
