IP Case Digest · Trade Marks

GRM Foodkraft Pvt. Ltd. & Anr. v. KS Agro Impex & Anr., CS(COMM) 637/2024

Case number
CS(COMM) 637/2024
Date of judgment
Judge
Jyoti Singh
Outcome
Injunction granted

Headnote

Ex parte ad interim order confirmed and the defendant's application to vacate dismissed, restraining sale of Golden Sella Basmati Rice in packaging deceptively similar to the plaintiffs' trade dress. The house mark DOUBLE CHABI did not distinguish the two given the overall similarity of the competing trade dresses. The Court distinguished Pernod Ricard on the footing that consumers of a commodity such as rice cannot be equated with the discerning consumers of high end whisky whom the Supreme Court had in mind.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.