Factual and procedural background
A company named M/s Sri Sai Baba Impex has been manufacturing and selling processed sunflower seeds under the trademark RAM-G GOLD since 2015 and got one of its marks registered in 2022. When a rival firm Venkateswara Food Products started using a very similar name SRI RAM-G GOLD for exactly the same product, Sri Sai Baba Impex filed a suit in the district court at Ananthapuramu seeking to stop the copying. In the interim application the trial court chose to issue notice to the other side instead of granting an immediate order to halt sales. Feeling that its business was at immediate risk, Sri Sai Baba Impex rushed to the High Court of Andhra Pradesh through a revision petition asking for urgent protection.
Dispute in question
The central question was whether the court should immediately restrain Venkateswara Food Products from making or selling its sunflower seeds under the deceptively similar trademark while the main case was still pending, especially after the lower court refused to grant any stop-order without first hearing the rival.
Reasoning and decision of court
The High Court found that Sri Sai Baba Impex had a strong prima facie case as the earlier user and registered owner of the mark while the rival’s marks were almost identical in name, style, colour scheme and packaging, making customer confusion highly likely. The judge held that the trial court had erred by thinking a pending trademark application by the rival prevented any interim relief. To prevent irreparable harm to the first company’s goodwill and business, the court granted an ex-parte ad-interim injunction stopping the rival from using the similar mark for three weeks, giving the petitioner time to seek further orders from the trial court.
Case law settled in this case
The court applied the Supreme Court ruling in S. Syed Mohideen Vs. P. Sulochana Bai that prior user rights in a trademark prevail over any subsequent registration or application, so the first user cannot be defeated merely because someone else later applies for registration.
Sri Sai Baba Impex Vs Venkateswara Food Products:15.04.2026:Civil Revision Petition No.1101/2026,APHC010197992026: High Court of Andhra Pradesh at Amaravati, Hon’ble Ms. Justice B. S. Bhanumathi.
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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