loga registration in india095 40 15 0003  |  095 40 16 0003

Trademark Services in Indiainfo@legalarclawfirm.in  |  info@legalarclawfirm.com

trademark registration in india

Lalit-Kumar-Arya-vs-Apsana-Global-Sugandhy


Lalit Kumar Arya & Another vs M/S Apsana Global Sugandhy (P) Ltd, Judgment delivered on 8 September, 2011

THE HIGH COURT OF DELHI AT NEW DELHI

LALIT KUMAR ARYA & ANR. ….. Plaintiffs Through: Mr. Sushant Singh, Advocate

Mr. P.C.Arya, Advocate

versus

M/S APSANA GLOBAL SUGANDHY (P) LTD ….. Defendants Through: Mr. Himanshu, Advocate

CORAM:-

HON’BLE MR JUSTICE V.K. JAIN

1. Whether Reporters of local papers may be allowed to see the judgment? Yes

2. To be referred to the Reporter or not? Yes

3. Whether the judgment should be reported Yes in Digest?

V.K. JAIN, J

IA No. 12422/2006 (u/O 39 R.1&2 CPC)

1. Plaintiff No.1 claims to have adopted the trademarks RATNA and RATNA CHHAP, including artistic representations of his father late Sh. Chaurbhuj, plant on palm device and the numeral “300” in the year 1966. Subsequently, he obtained registration of the aforesaid CS(OS)No.2094 /2006 Page 1 of 19 trademark as well copyright in it. Plaintiff No.2 is stated to be the licensee of plaintiff No.1 in respect of the aforesaid trademark and is using it on the containers of Zafrani Patti (flavoured tobacco) and Zarda (chewing tobacco) being sold by it in India as well as abroad. The label device with word RATNA, bust portrait of late Chaturbhuj Ram, plant on palm and numeral “300” was registered vide registration No.293460 in respect of Zarda (chewing tobacco) and quiwam (chewing tobacco in paste form). Later, device with word RATNA portrait of late Chaturbhuj Ram and plant on palm device was registered in respect of Zarda (chewing tobacco) and quiwam (chewing tobacco in paste form vide registration No.296164 on 19th May 1974 whereas composite mark RATNA CHHAP ZAFRANI PATTI No.300 was registered in Class 34 in respect of chewing tobacco vide registration No.314719 as of 10th May 1976. The plaintiffs also claim copyright registration in the label RATNA CHHAP ZAFRANI PATTI No.300. The plaintiffs allege sale of Rs.98,01,73,829/-, Rs.93,14,78,961/- and 110,78,74,158/- respectively in the years 2003-04, 2004-05 and 2005-06, respectively. The plaintiffs claim to have incurred advertisement and promotional expenditure of CS(OS)No.2094 /2006 Page 2 of 19 Rs.62,48,366/-, Rs.14,53,928/-, Rs.21,21,013/-, respectively during this period. According to them, the defendant has adopted trade dress similar to its trade dress in respect of RATNA CHHAP ZAFRANI PATTI No.300 and it is also using a similar trademark RAFIYA CHAP ZAFRANI PATTI. It is also alleged that all the essential features of the trademark of the plaintiffs have been copied by the defendant and the mark being used by it is visually and phonetically similar to that of the plaintiffs. The plaintiffs have vide IA No. 12422/2006 sought injunction against use of the trademark RAFIA and RAFIQUA as also the packing material shown as annexure X-1 and X-2 to the plaint.

2. Defendant No.1 has contested the suit. It is alleged in the written statement that the mark RAFIYA and RAFIQUA were chosen as trade names as the defendant has mostly been trading overseas with countries like Afghanistan, UAE and Saudi Arabia. It is further alleged that RAFIQUA is an Arabic word which means

Quick Contact
s
e
e
e
e
e
Attach your Logo
e
CAPTCHA Image

 

 

Trademark & Copyright Services
Trademark Service Area
Copyright Service Area