In a trademark dispute, Unique Entrepreneurs and Finance Limited accused Really Agritech Private Limited of copying their "Ralli" brand name with a very similar "Really" mark for comparable agricultural products, claiming it amounted to infringement and passing off that was causing ongoing harm. The plaintiff rushed to court seeking an urgent temporary ban on the defendant's use of the name without first going through the mandatory mediation process required for commercial cases, arguing the issue needed immediate attention. The trial court however found that the plaintiff had actually known about the defendant's product for years, including through their participation in the same 2018 Pune trade fair and direct business discussions via WhatsApp messages in 2022 where product details and prices were shared, meaning the claim of sudden urgency was not genuine and facts had been suppressed. The single judge therefore revoked the permission to skip mediation, lifted the temporary order, and dismissed the injunction request. On appeal the division bench of the Calcutta High Court fully agreed, holding that there was no real need for urgent relief given the plaintiff's prior knowledge, and dismissed the appeal entirely.
Title: UNIQUE ENTERPRENUERS AND FINANCE LIMITED AND ANR Vs. REALLY AGRITECH PRIVATE LIMITED AND ANR, Order date: 07.04.2026, Case Number: APDT/13/2025 With IP-COM/31/2024 IA No. GA-COM/1/2025, Neutral Citation: 2026:CHC-OS:117-DB, Name of court and Judge: IN THE HIGH COURT AT CALCUTTA INTELLECTUAL PROPERTY RIGHTS APPELLATE DIVISION COMMERCIAL DIVISION, The Hon’ble JUSTICE DEBANGSU BASAK and The Hon’ble JUSTICE MD. SHABBAR RASHIDI.
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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