The Swadeshi Industrial Works Limited Vs. Durai Visvanathan Rajprasad & Rani Foods – SC C.H.C. APPEAL NO. 10/2005-2018

In the case between The Swadeshi Industrial Works Limited (plaintiff) and D. Visvanathan, proprietor of a grinding mill, together with the Director of Intellectual Property (defendants), the court addressed the issue of whether the 1st Defendant’s use of a “Rani” device caused confusion with the plaintiff’s established “Rani” trade marks, which comprise both a distinctive stylized word and accompanying crest and crown. It was determined that the High Court’s permanent injunction—initially prohibiting use of the “brand name ‘Rani’”—required clarification to restrain only the use of marks identical or similar to the plaintiff’s proven trade mark elements, rather than a blanket prohibition on any use of the word. This holding reaffirmed the principle that trademark protection extends to disti

REF: SC C.H.C. APPEAL NO. 10/2005-2018 Category: Tag:
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