DAAWAT Rice Brand Protected: Delhi High Court Grants Ex-Parte Injunction Against Trademark Infringement

DAAWAT Rice Brand Protected: Delhi High Court Grants Ex-Parte Injunction Against Trademark Infringement

Introduction

The Delhi High Court has granted an ex-parte injunction in favor of the ‘DAAWAT’ rice brand, restraining a defendant from infringing its registered trademarks. The court's order highlights the importance of protecting brand reputation and goodwill in the food industry.

Factual Background

The plaintiff, a leading global player in the speciality rice and rice-based food category, has been using the ‘DAAWAT’ and ‘DAWAT’ marks since 1985. The plaintiff's marks have been declared well-known trademarks by the Registrar of Trademarks and a coordinate bench of the Delhi High Court. The plaintiff has a significant presence in the market, with a consolidated revenue of INR 7,822 crores in the financial year 2024.

Procedural Background

The bench of Justice Amit Bansal passed an ex-parte ad-interim order, restraining the defendant from producing, selling, or advertising products bearing the mark ‘DAAWAT’ or any similar mark. The court also directed the defendant to comply with Order XXXIX Rule 3 of the Code of Civil Procedure, 1908. The court further directed the plaintiff to file an affidavit in terms of Order XXXIX Rule 3 of CPC within one week. The Court also appointed a Local Commissioner to visit the defendant’s premises, prepare an inventory of infringing goods, seize any material bearing the infringing mark, and submit a report.

Contentions of the Parties

Plaintiff’s Contentions: The plaintiff alleged that the defendant was selling Jeera Rice under the trademark ‘DAAWAT’, which was identical to the plaintiff's mark.

Defendant’s Contentions: The defendant claimed that the goods for which it was using the mark were different from the plaintiff's goods. However, the court found that the defendant's use of the mark was likely to cause confusion in the market. The plaintiff contended that the defendant's actions constituted trademark infringement and passing off.

Reasoning & Analysis

The court's decision emphasizes the importance of protecting brand reputation and goodwill in the food industry. The Court found that the defendant’s use of the mark was deceptively similar to the plaintiff’s well-known trademark and likely to cause consumer confusion. The court's order also highlights the need for courts to take proactive measures to prevent trademark infringement and protect consumers from confusion. The court found that the plaintiff had made out a prima facie case of infringement and passing off, and that the balance of convenience was in favor of the plaintiff.

Implications

The implications of the court's decision are significant for food brands and businesses. It emphasizes the need for companies to protect their intellectual property rights and for courts to take a proactive approach in preventing trademark infringement. The decision also highlights the importance of protecting consumers from confusion and ensuring that they are not misled by similar marks.

Final Outcome

The outcome of the case is a victory for the ‘DAAWAT’ rice brand, which had sought to protect its registered trademarks. The court's order sets a precedent for ex-parte injunctions in trademark infringement cases and highlights the importance of protecting brand reputation and goodwill. The Court further appointed a Local Commissioner to ensure that infringing goods are identified and seized. The court's decision also underscores the need for businesses to be vigilant in protecting their intellectual property rights and for courts to take a proactive approach in preventing trademark infringement.

In this case the plaintiff was represented by Mr. R. Abhishek, Advocate.