The Delhi High Court has granted the producers of Rajnigandha Pan Masala damages in the amount of 3 lakh while permanently prohibiting the creators of “Rajni Paan” from producing, promoting, or selling anything under the trademark. This was seen in the case of DHARAM PAL SATYA PAL LIMITED & ANR Vs. MR. YOUSSEF ANIS MEHIO & ORS. (CS(COMM) 1255/2018) and the case was presided over by HON’BLE MS. JUSTICE JYOTI SINGH.
FACTS OF THE CASE
The owners of Rajnigandha Pan Masala, Dharam pal Satyapal Limited, had filed a lawsuit to enjoin the defendants from producing, selling, and advertising any tobacco products or other goods and services under the names Rajni, Rajnigandha, Rajni Paan, etc.
The Court issued an interim injunction in Rajnigandha’s favor on November 29, 2018. Despite receiving summonses through various means of delivery, the defendants failed to show up in court.
JUDGEMENT
The Court noted that the owners of “Rajni Paan” adopted and used a nearly identical trademark, trade name logo, and color scheme with the goal to confuse consumers and give the false impression that they are affiliated with the plaintiffs or had their authorization or endorsement.
“It is a settled proposition of law that if the Court finds that there is imitation, no further evidence is required to establish that the Plaintiffs’ rights are violated, as held by the Supreme Court in Kavi raj Pandit Durga Dutt Sharma vs. Navratana Pharmaceutical Laboratories,” the court said.
The Court further observed that Rajnigandha is a well-established mark and requires protection and is entitled to notional damages. The court found the respondent guilty and awarded ₹3 lakh damages as trademark infringement to the petitioner i.e., Rajnigandha.
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JUDGEMENT REVIEWED BY ABHINAV SHUKLA.
