Case Note & Summary
The plaintiff, M/s. Ishwar Bhuvan Refreshments Annexe, a partnership firm, filed a suit for trademark infringement and passing off against the defendants, M/s. Rajdhani and others, seeking an injunction to restrain them from using the mark 'RAJDHANI' for their restaurant and catering business. The plaintiff claimed to have been using the mark since 1965 for its restaurant serving Gujarati and Rajasthani meals in Mumbai and Nasik, and had applied for registration of the mark in class 42. The plaintiff alleged that the defendants started using the identical mark in 2005 for a similar business in Mulund, Mumbai, causing confusion and deception. The court examined the evidence of prior use, including revenue figures and reputation, and found that the plaintiff had made out a prima facie case. The court held that the balance of convenience was in favor of the plaintiff and that the defendants would not suffer irreparable loss if restrained. Consequently, the court granted an interim injunction in favor of the plaintiff, restraining the defendants from using the mark 'RAJDHANI' until the disposal of the suit.
Headnote
A) Trademark Law - Infringement and Passing Off - Prior User - The plaintiff, a registered partnership firm, claimed to be the prior user of the mark 'RAJDHANI' for restaurant and catering services since 1965. The defendants started using the same mark in 2005. The court held that the plaintiff had made out a prima facie case of prior use and reputation, and the balance of convenience was in favor of granting an interim injunction to prevent irreparable loss. (Paras 1-10) B) Trademark Law - Interim Injunction - Balance of Convenience - The court considered that the plaintiff had been using the mark for over 40 years and had generated substantial revenue, while the defendants had only recently commenced operations. The court found that the balance of convenience tilted in favor of the plaintiff and that the defendants would not suffer irreparable loss if restrained. (Paras 11-15)
Issue of Consideration
Whether the plaintiff is entitled to an interim injunction restraining the defendants from using the trademark 'RAJDHANI' in relation to restaurant and catering services.
Final Decision
The court allowed the Notice of Motion and granted an interim injunction restraining the defendants from using the mark 'RAJDHANI' in relation to restaurant and catering services until the disposal of the suit.
Law Points
- Trademark infringement
- passing off
- prior user
- deceptive similarity
- interim injunction
- balance of convenience
- irreparable loss
