In a recent case filed at the High Court of Delhi, M/s Shree
Rajmoti Industries filed for a trademark infringement and passing
off suit against, M/s Shri Vishwaprabha Foods Pvt. Ltd.
The Defendant's, Vishwaprabha, used the word
'Rajmoti' along with a tag line, as a part of their label
for rice, as show below,
The Plaintiff claimed extensive use of the trademark RAJMOTI for
edible oils and stated that, the defendant's mark was likely to
cause confusion amongst the consumers since the defendant's
products with the mark RAJMOTI, were also food products. Both,
Rajmoti and Vishwaprabha were readily available in shops and
supermarkets in the food section. When the plaintiff approached the
High Court initially, the Court agreed to Rajmoti's submissions
and granted an ex-parte injunction in favour of Rajmoti, and also
appointed a Local Commissioner to investigate the activities of the
Defendant. However, when the Local Commissioner reached the
defendant's place of
