Background
The case involves a trademark and copyright infringement dispute filed by M/s TRDP Happy World Private Limited against M/s Shri Balaji Chemfood Industries in the Delhi High Court. The plaintiff sought a permanent injunction to restrain the defendant from using the "MARIO" trademark and related artistic works, alleging infringement and passing off.
Plaintiff's Claims
M/s TRDP Happy World Private Limited, a manufacturer of food products like rusks and biscuits, adopted the "MARIO" and "TRDP MARIO" trademarks in 2011, securing registrations in India and internationally. The plaintiff also held copyright registrations for the artistic elements of its packaging, featuring a distinctive chef with a mustache. The plaintiff claimed significant goodwill and reputation, supported by substantial sales figures, with Rs. 329.74 crore in India for 2021-2022, and extensive advertising efforts.
Defendant's Actions
The defendant, M/s Shri Balaji Chemfood Industries, was accused of adopting an identical "MARIO" mark and deceptively similar packaging for its salt products. Discovered by the plaintiff in March 2023, the defendant's mark replicated the plaintiff's font, color scheme, and chef device, causing potential consumer confusion and harm to the plaintiff’s reputation.
Court Proceedings
The Delhi High Court issued summons and an ad-interim injunction on April 10, 2023, restraining the defendant from using the infringing mark. A Local Commissioner was appointed to inspect the defendant’s premises, where evidence of infringing goods was found, including half-burnt packaging. The defendant failed to file a written statement within the permissible period, leading to the ad-interim injunction being made permanent on November 19, 2024. The defendant also repeatedly failed to file a response to the plaintiff’s application under Order VIII Rule 10 of the CPC, resulting in the court proceeding without their defense.
Court's Findings
The court, presided over by Justice Amit Bansal, found that the plaintiff’s verified plaint and supporting documents were unopposed, deeming all averments admitted. The defendant’s mark was identical to the plaintiff’s, with similar artistic elements, targeting overlapping consumers through identical trade channels. The court concluded that the defendant’s actions constituted trademark and copyright infringement and passing off, causing irreparable harm to the plaintiff. The defendant’s failure to contest the suit and the Local Commissioner’s findings of mala fide conduct, such as burning infringing packaging, further supported the plaintiff’s case.
Relief Granted
The court granted a permanent injunction restraining the defendant from using the "MARIO" mark or similar packaging. Additionally, compensatory damages and costs of Rs. 5,00,000 were awarded to the plaintiff, based on the principle of "rough and ready calculations" and the defendant’s dubious conduct. Other reliefs sought by the plaintiff were not pressed.
