Introduction:

In a recent trademark infringement suit, the Delhi High Court has ruled in favor of ‘Rajshree’ Pan Masala, restraining a manufacturer from using the ‘Raashee’ mark for pan masala, mouth fresheners, and chewing tobacco products. The court’s decision reflects the significance of protecting intellectual property rights in the competitive market of tobacco products. The manufacturer is allowed to use alternative marks, “मेरी राशी” and “My Raashee,” with specific conditions to prevent imitation of the plaintiff’s packaging.

Arguments of Both Sides:

The suit, filed by Kamal Kant and Company LLP against Raashee Fragrances India Pvt. Ltd., sought an injunction to prevent the use of the ‘Raashee’ mark. The defendant proposed using alternative marks, and the plaintiff accepted the proposal under the condition that there would be no undue prominence given to the word ‘Raashee’ and no imitation of the plaintiff’s packaging. The court had to consider the acceptability of these proposed marks and the prevention of potential confusion in the market.

Court’s Judgement:

Justice Prathiba M Singh decreed the suit in favor of Rajshree Pan Masala, restraining the defendant from using the ‘Raashee’ mark. The defendant is permitted to use the alternative marks, “मेरी राशी” and “My Raashee,” under the condition that the words ‘My’ or ‘मेरी’ are of the same font, color, and size as the word ‘Raashee.’ The court emphasized that the defendant’s packaging should not imitate the plaintiff’s ‘RAJSHREE’ pan masala packaging. The resolution at this stage led to the plaintiff waiving the relief of damages, accounts, and costs, except for a payment of Rs.50,000 by the defendant.