Case Title:M/S Ramway Foods Limited vs. Rajendra Sharma & Anr.: Date of Order:7th May 2025: Case Number:CS(COMM) 182/2023:Neutral Citation: 2025:DHC:3624:Name of Court:High Court of Delhi: Name of Judge:2025:DHC:3624: Hon'ble Mr. Justice Amit Bansal
Facts:
Ramway Foods Limited, engaged in manufacturing and trading in various food items under the 'DOUBLE TAALA' mark since 2011, alleged that the defendants adopted and used deceptively similar marks and trade dress, causing confusion and damage to Ramway's reputation and goodwill. The defendants allegedly copied distinctive elements of Ramway’s label, including words like "ALIGARH," "7 Levers," and the initials "RF."
Procedural Details:
The suit was filed seeking, among other reliefs, permanent injunction, damages, and costs.An ex-parte ad interim injunction was granted on 11th April 2023.The defendants did not file a timely written statement; their application for condonation of delay was dismissed.The defendants' written statement was eventually taken off record, and they were proceeded against ex-parte.The court referred the case for mediation, but the efforts failed. The defendants did not participate further after service.
Issue:
Whether the defendants’ use of marks and labels was deceptive, infringing Ramway’s trademarks and copyright, thereby constituting passing off and infringement under the law.
Decision:
The court held that the defendants had dishonestly adopted and used deceptively similar marks, causing confusion and infringing Ramway’s rights. The court found the defendants liable for trademark infringement, passing off, and copyright infringement, and awarded damages of Rs. 5,00,000 along with costs. The court also granted a permanent injunction restraining the defendants from infringing Ramway's trademarks and copyright.
