Delhi HC restrains NIC Natural ice creams from using NATURALS trademark
Recently, in the case of Siddhant Ice Creams LLP & Ors. v. Ameet Pahilani & Ors. the concept of Trademark Infringement was clearly reflected. In the afore-stated case, Naturals Ice-Cream filed a suit for Trademark Infringement against NIC Natural Ice-Cream for using the Trademark “Naturals”.
What is Trademark infringement?
For the uninitiated, Trademark Infringement means the unauthorized or illegal use of a registered Trademark in a manner that leads to confusion and deception about the source of the goods/services of the original owner. It is simply described as the infringement of exclusive rights associated with a registered Trademark without the consent of the registered owner or licensees. The courts have often stated that the resemblance between two marks and their types of products and services may lead to confusion in the eye of the public. Such confusion could help the infringer/ copying mark and improperly benefit them with profit from the well-earned reputation of a registered brand.
An aggrieved party can avail of both civil and criminal remedies against Trademark Infringement. The civil remedies are inclusive of a temporary injunction, permanent injunction, damages, account of profits, destruction of goods using an infringing mark, and cost of legal proceedings. While Criminal remedies include imprisonment for a period of not less than six months that may extend to three years or a fine that is not less than Rs. 50,000 that may extend to Rs. two Lakh.
The Court’s stance in the battle between Naturals Ice Cream Vs. NIC Natural Ice Cream
In this case, for instance, Naturals Ice-Cream was established in 1984 and now has over 140 franchises all over India. It was contended by Naturals that NIC Natural Ice-Cream has been started by the former partner in one of the Naturals Ice-Cream franchisees and is wrongfully and illegally using the Natural Family mark for Ice-creams and other related products. Naturals Ice-Cream claimed that NIC Natural Ice-Cream had dishonestly registered their Trademark by incorporating the word “Natural” which is the prominent part of Plaintiff’s Trademark.
Justice Jyoti Singh, in the order, stated that the business of ‘Natural’ branded ice cream was originally started by Raghunandan Srinivas Kamath in the year 1984. The Court further noted that the immense goodwill and reputation garnered by the Plaintiffs is being encashed by Defendant No. 1 to pass off its goods by misrepresenting to the consumers that the products of Defendant No. 1 emanate from Plaintiff’s products.
The court further observed that the consumer base and trade channels are identical, the products and their names are also deceptively similar. Such similarity is bound to increase the likelihood of confusion and misrepresentation among the purchasing public. Therefore, such actions by Defendant No. 1 clearly reflect the malafide intent and are causing irreparable harm and injury to the goodwill and reputation of the Plaintiffs.
On observing the above-stated facts, the Delhi High Court passed an ex-parte ad-interim order in favor of Naturals Ice-Cream restraining NIC Natural Ice-Cream from using the Trademark “Natural” or “Naturals” in any form inclusive of the marks identical or deceptively similar to the plaintiff’s packaging. Furthermore, the Court had directed NIC Natural Ice-Cream to not use the domain names ‘nicicecreams.com’, ‘nicnaturalicecreams.com’ and Ameet Pahilani and others, the creators of “NIC Natural Ice Creams,” have been summoned by the High Court to respond to the lawsuit.
Trademark Law has significantly evolved over time, and it currently offers protection to a Trademark at every stage. With the development of technology and communication, the Law anticipates that before registering their own Trademark, users would be reasonably aware of other existing Trademarks. No one is allowed to use any mark, no matter how similar, that could lead to consumer confusion or deceit.
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