No Exclusivity Over Descriptive Part Of A Trade Mark

In Rich Products Corporation & Anr. v. Indo Nippon Food Ltd 2007 (35) PTC 15 (Del.), the Delhi High Court decided on the issue of exclusivity in relation to whole and parts of a trademark.

Facts

An injunction application was filed by the Plaintiffs/ Rich Products for the relief of restraining the Defendants/Indo Nipon Foods Ltd. from using the trade mark ‘WHIP TOPPING’ which according to the Plaintiff was infringing their registered trademark ‘RICH’S WHIP TOPPING. Along with the injunction application the plaintiff also sought an ad interim injunction to restrain the defendants from passing off and infringement of their copyright in packaging, color schemes instructions etc. The Plaintiff claimed that they were the registered owners of the trademark RICH’S WHIP TOPPING in class 30 in India and that the trademark WHIP TOPPING was pending registration. They also claimed the usage of the said registered mark since 1945 and in India from 1991. It was their case