Factual Background
Rajani Products, a Kota-based company, has held the registered trademark "Swastik" with its associated label since 1983 for edible oils. The company alleged that respondents Bhagwan Das Harwani (Parwati Oil Mill) and Karishma Trading Corporation infringed this trademark by using a deceptively similar mark, "Shree Parwati Swastik," causing business losses.
Procedural Background
Rajani Products filed a civil suit (No. 76/2019) under the Trade Marks Act, 1999, before the Additional District Judge No. 3, Kota, seeking an injunction. Their application for temporary relief under Order 39 Rules 1 and 2 CPC was rejected on 06.02.2020. Aggrieved, they appealed to the Rajasthan High Court (Jaipur Bench) via S.B. Civil Miscellaneous Appeal No. 2198/2020.
Provisions of Law Referred and Their Context
- Order 43 Rule 1(r) CPC: Governs appeals against orders rejecting temporary injunctions, forming the basis of this appeal.
- Order 39 Rules 1 and 2 CPC: Provides for interim injunctions to prevent irreparable harm, invoked by the appellant to restrain the respondents.
- Trade Marks Act, 1999: Protects registered trademarks from infringement, central to the appellant’s claim of exclusive rights over "Swastik."
Judgments Referred with Complete Citation and Context
- S.B. Civil Misc. Appeal No. 2925/2022, Rajasthan High Court, Order dated 06.11.2024: In a parallel case involving Shanker Oil Mill, the same trademark dispute led to an injunction granted by Additional District Judge No. 2, Kota (30.08.2022), upheld by the High Court. This precedent was cited to highlight inconsistent rulings on identical issues.
Reasoning of Court
The Court found the respondents’ trademark "Shree Parwati Swastik" visually, phonetically, and structurally similar to the appellant’s registered "Swastik" mark. It noted the appellant’s long-standing use since 1983 and the respondents’ failure to appear despite notice. Referencing the Shanker Oil Mill case, the Court emphasized judicial consistency, concluding that a prima facie case of trademark infringement existed, warranting interim relief to prevent irreparable harm and protect public interest.
Decision
The High Court granted an ad-interim injunction, restraining the respondents from using the "Swastik" trademark and label until the suit’s final disposal, overturning the lower court’s rejection.
Case Details
- Case Title: Rajani Products Vs. Bhagwan Das Harwani & Anr.
- Date of Order: 19 March 2025
- Case Number: S.B. Civil Miscellaneous Appeal No. 2198/2020
- Neutral Citation: [2025:RJ-JP:12399]
- Name of Court: High Court of Judicature for Rajasthan, Jaipur Bench
- Name of Hon’ble Judge: Justice Anoop Kumar Dhand
