Pandit Kulfi and Cafe v. Pandit Kulfi
2016 (65) PTC 414 (Rajasthan)
Appellant was proprietor of the mark ‘PANDIT’ for Kulfi, Ice Creams and other milk products. Appellant came to know that the Respondent is also using the mark ‘PANDIT’ for Kulfi. Appellant filed a suit for Permanent injunction against the Respondent along with an application for interim relief. The said application was dismissed by the District Court, Jaipur. Against the said order of dismissal the Appellant filed an appeal before the Hon’ble High Court of Rajasthan. The present decision is on the said appeal.
- Appellant is the registered proprietor of the mark and has an enviable goodwill and reputation in the city of Jaipur.
- The mark used by the Respondent is not ‘PANDIT’ but ‘SHRI BALAJI PANDIT’ which is not similar to the mark of the Plaintiff.
- The Defendant is using the said mark for the past 20 years.
- The expression ‘PANDIT’ is a generic term.
Having regard to the photographs of the manner of usage of the competing marks by the parties, it is apparent that the Respondent has written the words ‘Shri Balaji’ in a very small fonts and highlighted the words ‘PANDIT KULFI’ in bigger fonts, the customers may be mislead that it must be the Appellant. Such name being deceptively similar to the registered mark of the Appellant, the Respondent prima facie is guilty of infringement of trade mark of the Appellant and passing off its goods as those of the Appellant.
The Appeal was allowed and the Respondent was injuncted from using the word ‘PANDIT’ till the pendency of the suit.