Tilak Raj Bhatia trading as AJANTA STEEL PRODUCT [Ajanta Steel] has been using the trade mark since 1964. Thereafter Ajanta Steel filed an application and obtained registration for its device mark in the year 2001.
In April 2021 Ajanta Steel came across one V.K. Industries was selling counterfeit products under the brand name AJANTA CHIPSER. AJANTA STEEL filed an FIR and counterfeit goods were recovered by the police.
In January 2022, V.K. Industries again started selling products marked with Ajanta Steel’s trademark and also branded with its name ‘V.K. GOLD’. The packaging adopted by V.K. was deceptively similar to Ajanta Steel’s packaging including the get up, color scheme, size of box, placement of the vegetables, design and the like.
Ajanta Steel approached the Delhi High Court seeking an injunction to restrain the V.K. Industries from selling their products and passing off V. K.’s products as Ajanta’s because of the deceptively similar packaging.
The Court restrained V.K. Industries from selling any goods under trademark ‘AJANTA’ or in any kind of packaging deceptively similar to that of the Ajanta Steel. It held that the balance of convenience lay in favor of Ajanta Steel who had a long-established reputation in the market and therefore, a prima facie case arose in favor of Ajanta because if V. K. would not have been restrained irreparable loss and injury would be caused to Ajanta Steel.
The purpose of granting the injunction was not only to protect a registered proprietor of the trademark but also to protect an innocent consumer and expects that he/she will not receive counterfeit or duplicate products from the market.