Trademark PARAS has acquired distinctiveness for milk products; use of same for cognate products held infringement thereof

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J. decreed a suit filed by the plaintiff against the defendant for permanent injunction from using its registered trademark PARAS.

The plaintiff was the registered proprietor of trademark PARAS. The trademark was adopted in 1987 in respect of milk and milk products. It was registered under provisions of Trademark Act, 1999 and Copyright Act, 1956. The defendant, on the other hand, adopted mark PARAS and PARAS GOLD for manufacturing, marketing and trading of fats, milk and dairy products, vanaspati and edible oil, etc. When the plaintiff acquired knowledge of the same, the present suit was filed.

The High Court, on an earlier occasion, had granted an ex-parte injunction against the defendant. In Court’s opinion, the word PARAS has acquired distinctiveness as being associated with the products and business of the plaintiff. The plaintiff’s mark is well known in the area of milk and milk products, and use of the same in respect of edible oils, fats, milk and other products used in the kitchen results in violation of plaintiff’s rights and constitutes passing off. Edible oil, fats, vanaspati oil, etc. are identical as also allied and cognate to milk and milk products. In such circumstances, the Court was of the view that the petitioner had made a case for grant of permanent injunction. Order was made accordingly. [VRS Foods Ltd. v. Prem Chand,  2018 SCC OnLine Del 11055, dated 30-08-2018]

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