"Hajmola" a well-known trademark under Section 2(zg)
of the Trade Marks Act, 1999 had moved against a deceptively
similar mark "Rasmola" to the Trial Court. Having been
granted an ex-parte injunction, an appeal was filed at the Delhi
High Court challenging the order of the Trial Judge restraining
them from using the mark "Rasmola" and in particular the
suffix "Mola" with respect to digestive tablets, which
was decided vide Pankaj Goel v. Dabur India Ltd. 2008 (38)
PTC 49.
The High Court in the course of proceedings suggested that they
would request the Single Judge to expeditiously dispose off the
matter as any decision would take away the right to appeal from
either party. Both the parties requested to decide the appeal on
merits, since the Ld. Single Judge had not disposed neither the
injunction application nor the plea for vacation of injunction,
within thirty days, as a result of which the appeal was stated
maintainable.
