Case Title: Hals Foods Kitchen Vs. Pithiya Jitendrakumar Case No.: C/AO/104/2024 Date of Order: 25th April 2025) Court: High Court of Gujarat Judge: Nikhil S. Kariel, J.
Fact:
The dispute arises over the intellectual property rights related to the trademark and artistic work "TAAM JHAAM." The respondent, Pithiya Jitendrakumar (Jahal Enterprise), claims prior creation and use of the artistic work and trademark, alleging infringement by the appellant, Hals Foods Kitchen, which intended to use similar branding. The respondent filed a suit seeking injunction, damages, and account of profits, asserting that they are the original creator and owner of the mark and artwork.
Procedural Detail:
The trial court initially granted an interim injunction in favor of the respondent. The appellant filed an appeal challenging this order. The court considered the application of trademark law and copyright law, examining the likelihood of deception, prior use, and registration applications. The appellate court reviewed whether the trial court reasonably exercised its discretion in granting the injunction, focusing on the prima facie case, balance of convenience, and irreparable injury.
Issue:
The main issue was whether the respondent had established a prima facie case of prior ownership and infringement over the "TAAM JHAAM" mark and artwork, warranting interim relief, and whether the appellate court should interfere with the trial court’s discretionary order?
Decision:
The court upheld the trial court’s decision to grant the interim injunction, concluding that the respondent made out a prima facie case based on evidence of prior use, creation of artwork, and similarity of logos. The court noted that the appellant's claims of prior use and independence of creation were unsubstantiated, and that the balance of convenience and risk of deception favored continued injunction. The appellate court disposed of the appeal, affirming the trial court’s order, and disposed of related civil applications.
References:
- The judgment emphasizes that the appellate court should not reassess the material unless the trial court’s exercise of discretion was unreasonable,.
- The court noted the importance of establishing a prima facie case through evidence of prior use, artistic creation, and likelihood of deception,.
