LAWS(DLH)-2021-4-57

KBM FOODS PVT. LTD. Vs. SACHIN GUPTA

Decided On April 06, 2021
Kbm Foods Pvt. Ltd. Appellant
V/S
SACHIN GUPTA Respondents

JUDGEMENT

(1.) I.A. 7965/2019

(2.) The present suit has been filed by the Plaintiff seeking permanent injunction against the Defendant from using the trademark as well as the trade dress along with the mark "GAI CHAAP" along with the "COW" device with respect to the plaintiff's products i.e. spices.

(3.) The Karol Bagh Masala Supplies company, a partnership, formed vide partnership deed dated April 22, 1969 was the predecessor-in-interest of the Plaintiff Co. and had been continuously and with bonafide using the trademark "GAI CHAAP" along with the "COW" device on its products since 1969. It is the claim of the plaintiff that these marks which had been applied for registration in class 30 under the Trade Marks Act, 1998 ("TM Act" hereafter) vide trademark application Nos. 748292, 748285 and 748288 and had been in use since 1969, were duly assigned to the plaintiff Co. vide Assignment deed date dated January 30, 2002.