The Delhi High Court has issued a restraining order in a trademark dispute, prohibiting a manufacturer from using the "Raashee" mark in connection with their product, particularly against the established "Rajshree" Pan Masala brand.
Justice Prathiba M Singh has specified that the manufacturer is permitted to use the two proposed marks, "मेरी राशी" and "My Raashee," with the condition that the words 'My' or 'मेरी' are presented in a manner consistent with the font, color, and size of the word 'Raashee'.
The court has directed the defendant to refrain from any imitation of the plaintiff's 'RAJSHREE' Pan Masala packaging when utilizing the mentioned proposed marks.
However, this acceptance is contingent upon the condition that the word 'Raashee' does not receive undue prominence and that there is no similarity in the color combination, overall appearance, layout, or arrangement of the 'RAJSHREE' paan masala packaging.
The court issued a decree in favor of Kamal Kant and Company LLP in the lawsuit against Raashee Fragrances India Pvt. Ltd. This decree prohibits Raashee Fragrances India Pvt. Ltd. from using the 'Raashee' mark, fulfilling the injunction sought by Kamal Kant and Company LLP.
The court mandated that the defendant manufacturer must pay the costs of Rs. 50,000 within four weeks to the legal representatives of Rajshree Pan Masala.
Counsel for Plaintiff: Mr. Abhishek Malhotra and Mr. Kartikay Dutta, Advs
Counsel for Defendant: Mr. Sagar Chandra and Mr. Nikhil Sonker, Advs
Title: KAMAL KANT AND COMPANY LLP v. RAASHEE FRAGRANCES INDIA PVT LTD
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