Case Note & Summary
The Plaintiff, Kamani Oil Industries Pvt. Ltd., filed a suit against Bhuwaneshwar Refineries Pvt. Ltd. seeking a perpetual injunction for trademark infringement and passing off. The Plaintiff claimed to be the registered proprietor of the trademark 'RISO' for rice bran oil, used since July 2011, and alleged that the Defendant's use of 'RISOLITE' for similar goods was deceptively similar. The Plaintiff had obtained an ex parte ad-interim injunction on 3 December 2013. The Court considered the Plaintiff's prima facie case, noting that both marks share the dominant feature 'RISO' and are used for identical goods. The Plaintiff demonstrated extensive use, promotion, and reputation, including a 'Product of the Year' award. The Defendant argued that 'RISO' is descriptive of rice bran oil, but the Court found that the Plaintiff had acquired distinctiveness. The Court held that the balance of convenience favored the Plaintiff and that irreparable harm would occur if the injunction was not granted. Consequently, the Court confirmed the ad-interim order and granted a temporary injunction restraining the Defendant from using 'RISOLITE' until the disposal of the suit.
Headnote
A) Trademark Law - Infringement - Deceptive Similarity - Trade Marks Act, 1999, Sections 29, 134 - Plaintiff's registered mark 'RISO' for rice bran oil and Defendant's mark 'RISOLITE' for similar goods - Court found prima facie case of deceptive similarity as both marks share the dominant feature 'RISO' and goods are identical - Held that Plaintiff is entitled to temporary injunction (Paras 1-10). B) Trademark Law - Passing Off - Goodwill and Reputation - Trade Marks Act, 1999, Section 135 - Plaintiff established prior use and reputation of mark 'RISO' since 2011, including 'Product of the Year' award - Defendant's adoption of 'RISOLITE' likely to cause confusion among consumers - Held that balance of convenience favors Plaintiff (Paras 4-10).
Issue of Consideration
Whether the Plaintiff is entitled to a temporary injunction restraining the Defendant from using the mark 'RISOLITE' for rice bran oil on the grounds of infringement of the registered trademark 'RISO' and passing off.
Final Decision
The Court allowed the Notice of Motion and confirmed the ad-interim order dated 03.12.2013, granting a temporary injunction restraining the Defendant from manufacturing, marketing, or using the mark 'RISOLITE' or any other deceptively similar mark until the disposal of the suit.
Law Points
- Trademark infringement
- passing off
- deceptive similarity
- temporary injunction
- prima facie case
- balance of convenience
- irreparable loss
