The case before the High Court at Calcutta involves a trademark dispute between Kunj Roller Flour Mills Pvt. Ltd. (the appellant) and New Ristha Agro India Ltd. (the respondent). The appellant, a manufacturer of various food products under the brand name "Rishta," filed a suit against the respondent for infringing its trademark and passing off its products as those of the appellant. The appellant has been using the trademark "Rishta" since 2000 and claims to have acquired significant goodwill and reputation in the market. The respondent, on the other hand, claims to have been using the trademark "Rishta" since 1995 and argues that it is the prior user of the mark. The respondent also claims to have obtained registration for the trademark in Class 30.
The trial court granted a temporary injunction restricting the respondent from using the trademark "Rishta" for edible vegetable oil only, pending the suit's disposal. The appellant appealed against this order, arguing that the injunction should not be limited to edible vegetable oil, as they are the prior user of the trademark across various food products. The respondent filed cross-objections, asserting that the injunction should not have been granted at all, as they are the prior user and registered owner of the trademark.
The High Court, after considering the arguments and evidence presented by both parties, found that the appellant had established a strong prima facie case for being the prior user of the trademark "Rishta." The court noted that the appellant had provided evidence of continuous and extensive use of the trademark since 2000, including sales volumes and promotional expenses. In contrast, the respondent's evidence of prior use since 1995 was not substantiated with reliable documents.
The High Court modified the trial court's order, extending the temporary injunction to restrain the respondent from passing off any food items and edible oils under the trademark "Rishta" until the suit is disposed of. The appeal was allowed to this extent, and the cross-objection filed by the respondent was dismissed. The court emphasized the importance of goodwill and reputation in the market in relation to a trademark and the rights of a prior user in a passing off action.
Case Citation: Kunj Roller Flour M Ills Pvt. Ltd. Vs New Ristha Agro India: 19.07.2024/FMAT No.403 of 2023 :Calcutta High Court: Harish Tandon and Madhurash Prasad. H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
The trial court granted a temporary injunction restricting the respondent from using the trademark "Rishta" for edible vegetable oil only, pending the suit's disposal. The appellant appealed against this order, arguing that the injunction should not be limited to edible vegetable oil, as they are the prior user of the trademark across various food products. The respondent filed cross-objections, asserting that the injunction should not have been granted at all, as they are the prior user and registered owner of the trademark.
The High Court, after considering the arguments and evidence presented by both parties, found that the appellant had established a strong prima facie case for being the prior user of the trademark "Rishta." The court noted that the appellant had provided evidence of continuous and extensive use of the trademark since 2000, including sales volumes and promotional expenses. In contrast, the respondent's evidence of prior use since 1995 was not substantiated with reliable documents.
The High Court modified the trial court's order, extending the temporary injunction to restrain the respondent from passing off any food items and edible oils under the trademark "Rishta" until the suit is disposed of. The appeal was allowed to this extent, and the cross-objection filed by the respondent was dismissed. The court emphasized the importance of goodwill and reputation in the market in relation to a trademark and the rights of a prior user in a passing off action.
Case Citation: Kunj Roller Flour M Ills Pvt. Ltd. Vs New Ristha Agro India: 19.07.2024/FMAT No.403 of 2023 :Calcutta High Court: Harish Tandon and Madhurash Prasad. H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
