The plaintiff, Mr. Sunit Shah Proprietor of M/S. Shah Namkeen, has filed the suit against M/S. Jabson Foods Pvt. Ltd. on the following grounds:
Trademark Infringement:
The plaintiff alleges that the defendant's use of the trademark 'HOT MIX' infringes on their registered trademarks and artistic works, including 'SHAH HOT MIX' and 'SHAH'.The plaintiff has provided evidence of their prior and extensive use of these trademarks since 1977, along with registration details and copyright registrations.
Passing Off:
The plaintiff claims that the defendant's products, which bear a similar mark/label and packaging, are likely to cause confusion among consumers.
The plaintiff argues that this confusion could lead to the passing off of the defendant's products as those of the plaintiff, thereby misleading the public and trade channels.
Goodwill and Reputation:
The plaintiff asserts that their trademarks and artistic works have acquired a secondary meaning and are distinctive in the eyes of the customers, general public, and members of the trade.The plaintiff emphasizes their continuous and extensive use of these trademarks, which have become an intellectual property and a source of goodwill and reputation.
Malafide Intent:
The plaintiff accuses the defendant of malafidely using the mark 'HOT MIX' to create confusion and deception in the mind of the purchasing public.
The plaintiff claims that the defendant's actions are intended to encash the goodwill and reputation of the plaintiff's trademarks.
Likelihood of Confusion:
The plaintiff provides a comparative analysis of the defendant's use of the word 'HOT MIX' and their own use, demonstrating a clear likelihood of confusion. The plaintiff argues that even a cursory glance at the defendant's packaging reveals an intent to imitate the plaintiff's products, leading to potential deception.
Judgment:
Injunction: An ex-parte ad-interim injunction was granted. The specific terms of the injunction are as follows:
Restraint on Use of Infringing Marks:
The defendant, M/S. Jabson Foods Pvt. Ltd., its proprietor, partners, agents, assigns, representatives, heirs, servants, dealers, distributors, franchisees, and anyone acting on its behalf, are restrained from using the trademark/label 'HOT MIX' or any other mark/label that is identical or deceptively/confusingly similar to the plaintiff’s trademark/label 'SHAH HOT MIX' for goods included in Class 30, such as Namkeen, or other similar goods.
Case Citation: Mr Sunit Shah Proprietor of M S Shah Vs M S Jabsons Foods Pvt Ltd:02.08.2024 : CS(COMM) 641/2024: Delhi High Court: Mini Pushkarna: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Ph no: 9990389539
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