Introduction
The case concerns a trademark and copyright infringement dispute where the plaintiff, M/s Hari Chand Shri Gopal, sought a permanent injunction against Chaurasia Tobacco Products for using deceptively similar branding on their tobacco products.
Plaintiff’s Case
The plaintiff, engaged in the manufacture and sale of flavoured chewing tobacco under the mark ‘GOPAL’, has been using the trademark since 1950 and owns multiple registrations under Class 34. Their branding prominently features the ‘Lord Krishna’ device along with distinct packaging elements protected under copyright law. The plaintiff claimed substantial goodwill and reputation due to consistent sales and promotional activities.
Defendant’s Case
The defendant, operating under the proprietorship of Mr. Rajesh Kumar Chaurasiya, contended that 'GOPAL' is a common name associated with Lord Krishna and therefore generic. They argued that they adopted 'RAJESH GOPAL 65' in good faith and had been using it openly since September 2022.
Proceedings
The Court initially granted an ex parte ad interim injunction restraining the defendant from using the mark ‘GOPAL 65’ along with the ‘Lord Shiva’ device. A Local Commissioner was appointed who seized 592 cartons of infringing products from the defendant's premises. Despite opportunities, the defendant failed to actively contest the suit and was proceeded against ex parte.
Court’s Analysis and Findings
The Court held that the plaintiff had proven its rights over the trademarks and copyrights. The defendant's packaging and branding were found to be deceptively similar to the plaintiff’s, involving identical use of Hindu deity imagery, similar colour combinations, and layout design. The Court observed that the defendant unfairly leveraged the plaintiff’s established goodwill, leading to a clear case of infringement and passing off.
Relief Granted
The Court awarded a decree of permanent injunction against the defendant and granted damages and costs amounting to ₹5,00,000 to the plaintiff. It also accounted for the expenses incurred by the plaintiff on court fees and the local commissioner's fees.
Case Title: Hari Chand Shri Gopal Vs. Chaurasia Tobacco Products
Date of Order: 15th April, 2025
Case No.: CS(COMM) 895/2022
Neutral Citation: 2025:DHC:2783
Name of Court: High Court of Delhi
Name of Judge: Hon'ble Mr. Justice Amit Bansal
