IP Case Digest · Trade Marks

Khandelwal Edible Oils Limited v. Landsmill Agro Private Limited

Date of judgment
Judge
C. Hari Shankar
Outcome
Allowed in part

Headnote

Interim injunction granted against CHAKRA KOHLU but refused against CHAKRIKA and CHAKRESH. CHAKRA KOHLU reproduces the whole of the registered mark CHAKRA and merely adds a word, and the defendant's own rectification petition had averred that the marks were textually, phonetically and visually similar and bound to cause confusion. That admission could not be escaped by calling it a cut and paste error or by switching to the alternative plea that CHAKRA was descriptive. CHAKRIKA and CHAKRESH are single compound words which cannot be vivisected to isolate CHAKR, and registration of CHAKRA gives no monopoly over Hindi words beginning with that syllable. The Court added that mere registration of a mark is not infringement under section 29: absent evidence of use of CHAKRIKA, no interlocutory injunction could issue in respect of it.

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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.