Mohan Dewan
The plaintiff registered the word mark STARBUCKS and the logo depicting a "crowned maiden with long hair" in India in 2001. The defendants commenced their business in 2015 naming their venture "Sardarbuksh Coffee & Co"—"Sardar" the Hindi word meaning "Commander" and "Buksh" the Hindi word meaning "Pardon." In May, 2018, the defendants incorporated a private limited company with the name "Sardar Buksh Private Limited" and have been carrying on operations under that name since that date. The goods and services provided by both the plaintiff and the defendants are identical. The defendants used a logo consisting of a circular black band with the words "SARDARBUKSH COFFEE & CO." and a device of a turbaned Commander with wavy lines extending from the sides in addition to reversing the use of the color scheme as compared to the Starbucks logo.
After receiving a letter of demand from Starbucks Corporation in 2017, the defendants modified their logo and changed their colour scheme to black and yellow and commenced trading under the new logo shown below.
Nevertheless, Starbucks Corporation filed a case against the defendants for using the trade name "Sardarbuksh." On August 1, 2018, the High Court of Delhi ordered the defendants to modify their store name from "Sardarbuksh Coffee & Co." to "Sardarji-Bakhsh Coffee & Co." for 20 stores that have not yet opened; however, the court permitted the use of the existing name "Sardarbakhsh Coffee & Co." for their two operating stores.
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