Hearing a copyright violation case filed by producers of ‘Society Tea’ brand, the Bombay High Court has temporarily restrained S K Food Products from selling or passing off its product under trade mark ‘Sahil’, which it felt appears deceptively similar to that of the plaintiff.
Observing that a prima facie case of copyright infringement had been made out, Justice S J Kathawala passed an ad-interim order on October 3 granting interim relief to M/s Hansmukhrai & Co, producers of ‘Society Tea’ against the defendants.
“A look at the wrapper/pouch/packet of the defendant supports the plaintiffs’ contention that it is deceptively similar to and indeed a slavish imitation of the plaintiffs’ ‘Society’ label/wrappers/pouch which is likely to cause confusion and deception amongst the public and the trade,” the judge noted.
“The plaintiffs are correct in their submission that by printing and using the word ‘Sahil’ on labels, wrappers and pouches for tea, the defendants have committed an infringement of the registered trade marks of the plaintiffs as well as infringement of copyright and passing of the defendants’ goods as and for those of the plaintiffs”, the judge noted.
“In view thereof, the plaintiffs have made out more than a prima facie case in their favour and are therefore entitled to ad-interim reliefs as sought (by them). The balance of convenience is also in favour of the plaintiffs and against the defendants. Ad-interim relief is, therefore, granted to the plaintiffs, justice Kathawala noted.
[Source: Press Trust of India]
