Delhi HC Restrains Use Of ‘Raashee’ Pan Masala Trademark, Imposes Costs Of 50k On Tobacco Manufacturing Company
|The Delhi High Court restrained the use of the trademark or any other mark deceptively similar to the ‘Rajshree’ trademark.
The plaintiff, Kamal Kant and Company LLP, sought an injunction against the defendant, Raashee Fragrances India Pvt Ltd, to restrain them from using the mark 'Raashee,' claiming it infringed on their trademark 'Rajshree' used in the pan masala and related goods business since 1965.
A Single Bench of Justice Prathiba M. Singh observed, “The Defendant shall stand restrained from using the trademark ‘RAASHEE’ or any other mark which is identical or deceptively similar to the Plaintiff’s mark ‘RAJSHREE’ in respect of pan masala, mouth freshners, scented supari, betel nuts of zarda mix, pan masala like gutka, zarda, safrani and other chewing tobacco, khaini, tobacco products, tobacco raw or any other cognate and allied goods or services.”
Advocate Abhishek Malhotra represented the plaintiff, while Advocate Sagar Chandra appeared for the defendant.
The plaintiff claimed that they were earning royalties by licensing their multiple brands including Rajshree, Rajshree Supreme, Kamla Pasand, etc. The plaintiff argued in consideration to use of phonetically similar mark, well-known mark, prior in use, and type of consumers using the said marks.
The defendants on the other hand argued that their products were primarily sold in the Hindi-speaking belt of Madhya Pradesh, Chhattisgarh and Uttar Pradesh. The defendant contended that the consuming public, being Hindi-speaking, would not be confused by the English spelling but would go by the Hindi meaning of the said two words.
Another argument put forth by the defendant was that “the concept of silent letters or syllables is not known in the Hindi language, unlike in English language” and argued for the injunction to be dismissed.
The Court held, “The Defendant is, however, free to use the two proposed marks set out above so long as the said marks are used in a manner where the words ‘MY’ or ‘मेरी’ are of the same font, colour and size as the word ‘RAASHEE’. The Defendant while adopting the above two proposed marks shall, however, ensure that the packaging, get up and lay out is not in any manner imitative of the Plaintiff’s ‘RAJSHREE’ paan masala packaging.”
The High Court imposed costs of Rs.50,000/- on the defendant.
Cause Title: Kamal Kant And Company LLP v. Raashee Fragrances India Pvt Ltd (2024-DHC-608)
Appearance:
Plaintiff: Advocates Abhishek Malhotra and Kartikay Dutt
Defendant: Advocates Sagar Chandra and Nikhil Sonker