Professional Documents
Culture Documents
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Mr. Ravi Kadam, Senior Advocate with Ms. Tanmayi Rajyadhaksha, Ms. Smriti
Yadav, Mr. Dhiren Karania I/by M/s. Khaitan and Co., for Plaintiff.
Ms. Bhagwati Trivedi I/by M/s. Bhagwati and Co., for Defendant.
Mr. Mahesh Gupta with Mr. Shubham Gupta, Directors of the Defendant, present.
P.C.:
packaging, agri-business, branded apparel, personal care products and other FMCG
businesses. It is one of India’s foremost private sector companies and has been rated
is amongst the top 5 of India’s Most Valuable Companies as ranked by Business Today
combined with the cause of action in passing off relating to the Plaintiff’s Aashirvaad
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trade dress used for its Atta / Flour products. It is the Plaintiff’s case, that in about
2001, it honestly and independently conceived and adopted the trade mark
“AASHIRVAAD” for using the same in relation to its Atta/Flour products. Around
(“McCann”) to create and develop original artistic works for its “AASHIRVAAD”
Anil Thomas, an artist, to create and develop original artistic works for the Plaintiff’s
Exhibts A-1, A-2 amd A-3 were created for the Plaintiff over the years and the same
have been assigned to it under the Deed of Assignment dated 4 April 2013.
3. It is stated that in order to secure statutory protection over the trade mark
Plaintiff has applied /obtained registrations of the same in various classes viz. 29 and
30 under the Trade Marks Act, 1999. The Plaintiff is also the owner of the copyrights
subsisting in the artistic works of the Aashirvaad Trade Dress which are annexed at
4. It is stated that the Plaintiff has been continuously, extensively and un-
interruptedly using the Aashirvaad Trade Dress at Exhibit A-1 to the Plaint since 2002
and at Exhibits A-2 and A-3 to the Plaint since 2013, in respect of its Atta products. It
is further stated that on account of continuous, extensive and un-interrupted use of the
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Aashirvaad Trade Dress, the Plaintiff is the common law owner/proprietor of the
same. It is stated that the members of trade and general public associate the
standards of quality as applied by the Plaintiff in relation to its Atta products bearing
Aashirvaad Trade Dress, the same are known for their superior quality and efficacy
and are extremely popular and highly demanded in India and in several countries
world over such as Australia, Singapore, Canada and United States of America. It is
stated that the Aashirvaad Trade Dress has been entrenched in the minds of the
consuming public especially the gunny bag background and the red coloured
rectangular portion in the middle, so much so that, when the said features are found
together, even in the absence of the brand name “Aashirvaad”, they are construed as a
product emanating from the Plaintiff. It is further stated that due to long and sustained
presence in the market coupled with substantial and uninterrupted investments made
in the marketing and promotion, the Plaintiff’s trade mark “AASHIRVAAD” and the
have become a well-known trade mark. The revenues from the Plaintiff’s trade mark
“AASHIRVAAD” in the year 2017 – 2018 alone is more than Rs 3265 Crores and the
marketing spends is more than Rs 97 Crores. The Plaintiff has also mentioned the
figures since 2013 – 2014 till 2017 – 2018 in paragraph 8 of the Plaint.
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Aashirvaad Trade Dress have acquired tremendous goodwill and reputation due to
aforesaid and is exclusively associated with the Plaintiff. It is stated that the trade mark
“AASHIRVAAD” and Aashirvaad Trade Dress have become distinctive indicia of the
7. At paragraph 11 of the Plaint, the Plaintiff has stated that it has been
vigilantly protecting its statutory and common law rights subsisting in the Aashirvaad
trade marks including the Aashirvaad Trade Dress. The Plaintiff has relied upon
orders obtained by it from various Courts in respect of its Aashirvaad Trade Dress
against infringers. The Plaintiff has annexed at Exhibits G & G-1 and H & H-1 to the
Plaint, copies of few orders (along with colour copies of the infringing packs) passed by
the Calcutta High Court and the Madras High Court in its favour. It is stated that the
Plaintiff has also addressed several cease and desist notices to various
persons/companies to protect its unique and distinctive Aashirvaad Trade Dress and
Aashirvaad trade marks. It is stated that several traders who received such notices
have changed their labels and have given undertakings/undertaken to the Plaintiff that
they will not use labels that are identical or deceptively similar to the Plaintiff’s
clauses (a), (b), (c) and (d) of the Notice of Motion. Pursuant to this order, the Court
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Receiver executed the order on 30 October 2018. Thereafter, the Defendant has
appeared through Advocates and they have agreed to discontinue use of the impugned
labels.
9. From the documents annexed to the plaint, the Plaintiff has applied /
obtained registrations over the trade mark “AASHIRVAAD” and “Aashirvaad” Trade
Dress. The Plaintiff is also the owner of the copyrights subsisting in the artistic works
of the Aashirvaad Trade Dress which are annexed at Exhibit A-1, A-2 and A-3 to the
Plaint.
10. I have heard the Learned Advocates for the parties. The Plaintiff’s trade
mark “AASHIRVAAD” and its Aashirvaad Trade Dress has gained knowledge and
recognition as a result of its sales and promotion in India and abroad. It annual sales in
the year 2017-2018 alone are Rs. 3265 Crores. The Plaintiff has also zealously
protected its trade marks and successfully enforced its rights in the trade mark
“AASHIRVAAD” and Aashirvaad Trade Dress over the years. In 2015, the Madras
High Court granted a temporary injunction restraining the Defendant therein from
using the distinctive Aashirvaad trade dress and the Aashirvaad trade mark. In 2016,
the Calcutta High Court has also granted a temporary injunction restraining the
Defendants therein from infringing the Plaintiff’s exclusive rights in the Aashirvaad
Trade Dress. . The Plaintiff has also addressed cease and desist notices to several
traders who have changed their labels and given undertakings to the Plaintiff. The
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Plaintiff’s trade mark “AASHIRVAAD” and its Aashirvaad Trade Dress have thus
become well known trade marks within the meaning of Section 2(1) (z)(g) of the Trade
11. In light of the above and since the Defendant has agreed to discontinue use
(i) The suit is decreed in terms of prayers (a), (b), (c) and (e) of the Plaint,
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registered trade mark as shown in Exhibit C-1, C-2 and C-3 to the
plaint;
others to pass-off the Defendant’s goods as and for the goods of the
Plaintiff;
Atta / Flour bags, cartons, dies, literature, blocks and packing material,
to the plaint and / or any other infringing artistic works or in any other
manner whatsoever;”
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demand draft drawn in the name “Tata Memorial Hospital” for an amount of
(iii) The Prothonotary and Senior Master upon receipt of the demand draft,
shall encash the same and await further directions from this Court.
(iv) The inventory of the atta packets and the gunny bags made by the Court
their legal representatives and the atta therein shall be returned to the
Defendant and the packets/gunny bags along with the empty packets/rolls of
(v) The Court Receiver stands discharged without passing accounts but
subject to payment of his cost, charges and expenses within a period of two
(vi) In view of this order, the above Suit as well as Notice of Motion stands
paragraph 11 (ii).
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