Famous MDH granted injunction for DEGGI mark
The action of infringement is based on an invasion of a statutory right. In general terms, ‘infringement’ means violating any law or contravening the law. Trademark infringement occurs when a person uses an already registered trademark of the other person without his prior permission for any monetary gains. Henceforth, Section 28 and Section 29 of the Trademark Act, 1999 provides a person with the right to sue any rival traders if he uses an already registered trademark and can ask for damages or interim injunction under Section 135 of the Act. This case between Mahashian Di Hatti Private Limited and Everest Food Products Private Limited relates to trademark infringement.
The plaintiff, Mahashian Di Hatti Private Limited, has been doing business since 1919 and is an Indian spice producer. The defendants, namely and Everest Food Products Private Limited, are India’s largest spice brand. The disputes arose between the parties in regards to their trademark. The plaintiff claimed through its predecessor-in-title that they had adopted and started using the trademark “DEGGI” regarding “spices & condiments” and, more particularly ‘Chilies & Chilies Powder’. They applied for registration for the mark in 1949, which was successfully registered in 1965. The plaintiff has been the subsequent proprietor of trademark DEGGI from 1965 to 2021 and extensively used and advertised the mark “DEGGI.” Subsequently, the plaintiff has also obtained the trademark “DEGGI” registration for “Spices and condiments” in 2019.
The dispute for the registered trademark arose when the plaintiff in 2021 came to know that the defendants intend to launch the identical goods with the same brand, namely “DEGGI” / “DEGGI MIRCH” / “EVEREST DEGGI MIRCH”/ “DEGGILAL” / “EVEREST DEGGILAL”.
The issue between the parties concerns the registered trademark “DEGGI’ for which the plaintiff filed the present trademark infringement suit.
The plaintiff filed a suit for permanent injunction, infringement of registered trademark, passing off, and damages against the defendant concerning the already registered trademark named “DEGGI” under Section 135 of the Trademarks Act, 1999. The counsel for the defendants claimed that they had applied for the trademark registration, and they are under a right to use the trademark. However, on the other hand, the plaintiffs contended that they had filed an opposition against registering the defendants’ trademark with the Trademark Registry. They stated that the defendant’s mark has never been registered and attached the revenue files and the profits incurred by them through the advertisement of their mark.
The Delhi High Court considered the plaintiffs’ submission and concluded that they had shown a prima facie in their favor. Further, the Court stated that if the defendants were not barred ex-parte, the plaintiff would suffer irreparable loss and injury.
The case has thus highlighted the importance of a prima facie case, and the Court has very appropriately considered the matter of trademark infringement between the parties. Therefore, to establish a prima facie case for the grant of ad-interim injunction, it is incumbent upon the plaintiff to show that they have used the trademark for quite a long time. In contrast, the defendants have entered recently, and the other requirement is that there must not be any delay in the filing of suit for injunction by the plaintiff. Thus, in my opinion, the plaintiffs have exercised their right of asking for injunction appropriately, and the Court has decided with full due diligence and justly.
— Harmanpreet Kaur (Intern), Amity University, Kolkata
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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