The Single Bench of the Delhi High Court in the case of Siddhant Icecreams LLP & Ors. vs Ameet Pahilani & Ors. consisting of Justice Jyoti Singh restrains NIC Natural Ice Cream from infringing the Trademark of Natural Ice Cream.
Facts
This application was filed by the Plaintiffs- engaged inter alia in the business of manufacturing, marketing, selling, distributing and retailing ice creams, ice cream shakes and allied/ancillary products and services under the name/style/brand ‘NATURAL’, under O39 Rules 1 and 2 read with Section 151 CPC for grant of an ex-parte ad-interim injunction against the Defendants- who were wrongfully using the Natural family marks in relation to ice creams and related products. Defendant has also dishonestly registered marks bearing the name ‘NIC Natural Ice Creams’ by incorporating NATURAL mark, which is an essential part of Plaintiffs’ trademark, which is deceptively similar.
Contentions Made
Plaintiff: It was contended that with a mala fide intent to create further deceptive similarity, Defendants No. 1 and 2 also employed a packaging which is similar to the Plaintiffs packaging and a juxtaposition of the two containers would clearly reflect this. It was also contended that to further perpetuate the impression that products sold by the Defendants belong to the Plaintiffs, Defendants registered the domain name ‘www.nicnaturalicecreams.com’. It was further contended that Defendants No. 1 and 2 are actively purchasing the keyword NATURAL through AdWords programme of Defendant No. 6 to pass off their ice creams. It was also contended that the immense goodwill and reputation garnered by the Plaintiffs was 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 the Plaintiffs.
Observations of the Court
The Bench noted that the Plaintiffs made out a prima facie case for grant of an ex-parte injunction. Balance of convenience also lied in favour of the Plaintiffs and if an ex-parte injunction was not granted, Plaintiffs were likely to suffer irreparable loss.
Judgment
Till the next date of hearing, Defendants No. 1 to 3 along with their subordinates, subsidiaries, officers, directors, family members, distributors, agents, franchisees, dealers, servants, and all other persons claiming through or under them or anyone who may be acting for and, on their behalf, were restrained from using Plaintiffs’ marks ‘NATURAL’, ‘NATURALS’ or using ‘NIC Natural Ice Creams’, ‘NIC’, the domain names ‘nicicecreams.com’ and ‘nicnaturalicecreams.com’ in any form or manner.
Defendants No. 4 and 5 were directed to ensure that Defendants No. 1 and 2’s infringing marks, products bearing such infringing marks or any marks using the Plaintiffs’ NATURAL Family marks are not displayed in any manner in relation to Defendants No. 1 and 2. Plaintiffs were to comply with the provisions of O39R3 CPC within a period of ten days from the date of judgment.
Case: Siddhant Icecreams LLP & Ors. vs Ameet Pahilani & Ors.
Citation: CS(COMM) 735/2022
Bench: Justice Jyoti Singh .
Decided on: 19th October 2022
Read Judgment;
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