In a significant development, the Delhi High Court has issued a robust restraining order in a trademark dispute, putting a stop to a manufacturer’s use of the ‘Raashee’ mark concerning their product, specifically against the well-established ‘Rajshree’ Pan Masala brand.
Justice Prathiba M Singh has laid down explicit conditions, permitting the manufacturer to utilise the two proposed marks, ‘मेरी राशी’ and ‘My Raashee.’ However, a crucial stipulation accompanies this permission: the words ‘My’ or ‘मेरी’ must be presented in a manner consistent with the font, color, and size of the word ‘Raashee.’
The court, in no uncertain terms, has directed the defendant to steer clear of any imitation of the plaintiff’s ‘RAJSHREE’ Pan Masala packaging while employing the mentioned proposed marks.
This approval comes with a strict caveat – the word ‘Raashee’ should not take undue prominence, and there should be no semblance in the color combination, overall appearance, layout, or arrangement concerning the ‘RAJSHREE’ paan masala packaging.
The court’s decree has unequivocally favored Kamal Kant and Company LLP in their legal battle against Raashee Fragrances India Pvt. Ltd., effectively prohibiting the latter from using the ‘Raashee’ mark. This serves as a resounding victory for Kamal Kant and Company LLP.
Furthermore, the court has mandated that the defendant manufacturer must disburse the costs of ₹50,000 within four weeks to the legal representatives of Rajshree Pan Masala, solidifying the consequences for their trademark infringement.
Notable legal minds involved in this case include Mr. Abhishek Malhotra and Mr. Kartikay Dutta, Advs, representing the plaintiff, and Mr. Sagar Chandra and Mr. Nikhil Sonker, Advs, advocating for the defendant. The courtroom drama unfolds with legal eagles showcasing their prowess in this high-stakes trademark clash.
Our legal experts commend the Delhi High Court‘s decisive stance in safeguarding trademark integrity. They emphasise the importance of such rulings in maintaining a fair market and protecting established brands from potential infringement. This case sets a strong precedent for intellectual property rights, underscoring the significance of legally defending one’s brand identity. Our expert legal team navigates the complexities, ensuring your intellectual property remains secure. Trust us to fight for your brand’s identity. Consult Vakilsearch for proactive legal solutions today.
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