Authored By – Dr. Mohan Dewan assisted by Adv. Arjun Pradhan
Recently, Parle Products Pvt. Ltd. (Parle) represented by R K Dewan & Co., successfully restrained the infringers for infringing its trademark “GLUCO” which is one of the most popular and reputed brand in India and has been openly, continuously, and extensively used by Parle for over 80 years, in a suit filed before Hon’ble Bombay High Court.
Parle has been India’s largest manufacturer of biscuits and confectionery, for almost 90 years. Makers of the world’s largest selling biscuit, Parle-G, and a host of other very popular brands, Parle has a 43% share of the total biscuit market and a 15% share of the total confectionary market in India. In 1940, Parle adopted the mark “GLUCO” in respect of biscuits. On 7th December, 1942, Parle applied for and obtained registration of its device mark bearing the trademark “GLUCO” as one of its prominent features in class 30.
In January 2023, Parle came to know that, Taaj Food & Beverages and Charchika Traders were offering for sale/selling beverages under an infringing trademark “GLUCO FILL” on the website www.indiamart.com. Upon further investigation, Parle also came across an application filed by Utkal Kumar Behera to have the infringing mark registered.
R K Dewan & Co. on behalf of Parle approached the Bombay High Court, and filed a suit for trademark infringement. The Hon’ble Court granted an ex parte injunction, restraining the Defendants and held that the mark “GLUCO FILL” was nearly-identical and deceptively similar to Parle’s registered mark “GLUCO”.
The Court was pleased to appoint a Court receiver to search all premises of the Defendants and seize and seal all the infringing material including cartons, dyes, moulds, printing equipment and material and any other material bearing the impugned mark. The Hon’ble Court also approved the appointment of Additional Special Receivers (ASR) to inspect, sign and make copies of account ledgers/cash books/accounts books, manufacture and/or import records pertaining to sales etc. of the infringing products, as discovered from the premises of the Defendants.
Shortly thereafter, in July 2023, the R K Dewan & Co. team assisted the ASR(s) and the Local Police to investigate and conduct smooth and successful raids at all the three premises of the Defendants wherein packets/pouches bearing the infringing mark were discovered.