Case Note & Summary
The present Commercial Appeal from Order was filed by the appellant (original defendant) challenging the judgment and order dated 17th February 2023 passed by the District Court, Satara, in Regular Civil Suit No. 1 of 2023, whereby the trial court partly allowed the plaintiff's interim application (Ex.5) and temporarily restrained the defendant from manufacturing, selling, or storing the product 'Mahalaxmi Chiwda Shev' or 'Shev Chiwda Mahalaxmi'. The plaintiff had filed a suit for recovery of Rs.10,92,799/- and permanent injunction against the defendant, alleging trademark infringement and passing off. The plaintiff claimed to be the registered proprietor of the trademark 'Mahalaxmi' (registered on 9th March 2015) and that the defendant had started using a deceptively similar mark 'Shubhlaxmi Chiwda Mahalaxmi'. The defendant denied the allegations and contended that his mark was different. The trial court, after hearing both sides, granted the interim injunction. The defendant appealed under Section 13 of the Commercial Courts Act. The High Court heard both counsel and examined the rival packets. The court noted that the plaintiff's registered trademark was 'Mahalaxmi' with a specific label, but the plaintiff was actually selling the product under a different get-up. The defendant's mark 'Shubhlaxmi Chiwda Mahalaxmi' was found deceptively similar. However, the defendant offered an undertaking to change the background color of his packet from red to blue to remove any ambiguity. The court accepted this undertaking and modified the injunction, allowing the defendant to use 'Shubhlaxmi Chiwda' with a blue background, but restraining him from using the word 'Mahalaxmi' in any manner. The appeal was partly allowed, and the impugned order was modified accordingly.
Headnote
A) Trademark Law - Infringement - Interim Injunction - Section 13 of Commercial Courts Act, 2015 - The appellant-defendant challenged the interim order restraining him from using the mark 'Mahalaxmi Chiwda Shev' or 'Shev Chiwda Mahalaxmi'. The Court held that the plaintiff's registered trademark was 'Mahalaxmi' with a specific label, but the plaintiff was actually selling the product under a different get-up. The defendant's mark 'Shubhlaxmi Chiwda Mahalaxmi' was found deceptively similar, but the injunction was modified to allow the defendant to use 'Shubhlaxmi Chiwda' with a blue background, subject to an undertaking. (Paras 1-26) B) Trademark Law - Passing Off - Comparison of Marks - The Court compared the rival packets and found that the defendant's mark 'Shubhlaxmi Chiwda Mahalaxmi' was deceptively similar to the plaintiff's mark 'Mahalaxmi Chiwda Shev'. However, the defendant offered to change the background color to blue to avoid confusion. The Court accepted this undertaking and modified the injunction accordingly. (Paras 14-26) C) Civil Procedure - Interim Relief - Scope of Relief - The Court noted that the trial court had granted relief beyond what was sought in the plaint. The plaintiff had only sought restraint on the use of 'Shubhlaxmi Chiwda Mahalaxmi', but the trial court restrained the defendant from using 'Mahalaxmi Chiwda Shev' or 'Shev Chiwda Mahalaxmi'. The appellate court modified the order to align with the plaint. (Paras 7-9, 26)
Issue of Consideration
Whether the interim injunction granted by the District Court restraining the defendant from manufacturing, selling, and storing products under the name 'Mahalaxmi Chiwda Shev' or 'Shev Chiwda Mahalaxmi' was justified, and whether the relief granted was beyond what was sought in the plaint.
Final Decision
The High Court partly allowed the appeal. The impugned order was modified. The defendant was restrained from using the word 'Mahalaxmi' in any manner on his product. However, the defendant was permitted to use the name 'Shubhlaxmi Chiwda' with a blue background, subject to the undertaking given by the defendant to change the background color to blue. The appeal was disposed of accordingly.
Law Points
- Trademark infringement
- Passing off
- Interim injunction
- Comparison of marks
- Commercial Courts Act
- Section 13
