"Commercial Court in Ahmedabad Issues Order Against Trademark Infringement" The Commercial Court at, Ahmedabad, has issued an order in favor of Rasna Private Limited and Mr. Piruz Khambatta, through Power of Attorney-holder Mr. Zubin Khambatta, in a Commercial Trade Mark Civil Suit No.6 of 2023. The plaintiffs filed the suit against M/s. Punit Proteins Private Limited for infringement and passing off its goods under plaintiff's registered trademark "RASNA." The plaintiffs claimed that the defendant's use of the trademark "RASNA MADHI TOOR DAL" in the market in Ahmedabad amounts to infringement of trademark and passing off action. The Court found that "RASNA" is a registered trademark of the plaintiff under the Trademark Act, 1999, and the plaintiff's trademark RASNA is registered for goods falling under class 31, which includes grains. The Court also noted that the prolonged and continuous usage of the mark has earned plaintiff goodwill and reputation amongst its users. Therefore, the defendant's use of a similar trademark for edible products amounted to infringement and passing off. After perusing the documents on record, the Court issued an ex-parte ad-interim injunction against the defendant. The defendant is restrained from using the trademark "RASNA MADHI TOOR DAL" or any other mark identical or deceptively similar to the plaintiff's registered trademark "RASNA" in respect of edible products. The Court also appointed a local commissioner to visit the defendant's premises for inspection and seizure of the infringing material, including the impugned product, packaging material, labels, etc. Advocates at Reddy and Reddy Law Firm have diversified client base and we specialize in arbitration and mediation, commercial, civil and criminal litigation, corporate laws, real estate matters, banking, finance and much more.
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