PARAKH VANIJYA PRIVATE LIMITED versus BAROMA AGRO PRODUCT AND OTHERS

Appellant cannot claim exclusive right or exclusive use of the word 'MALABAR' due to the disclaimer in registration under Class-30; labels are substantially different, no deceptive similarity; respondents are entitled to use 'MALABAR' in conjunction with 'BAROMA' in modified form as approved by High Court.

Parties: Appellant: Parakh Vanijya Private Limited; Respondents: Baroma Agro Product and Others
Jurisdiction: India
Judgment Date: 12 July 2018
Procedural Posture: Civil Appeal / Final Appellate Decision
Outcome: Appeal dismissed
Legal Topics: Trademark Infringement, Passing Off, Disclaimer in Trademark Registration

Intellectual Property Trademark Infringement Passing Off Disclaimer in Trademark Registration

Case Brief

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Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Parakh Vanijya Private Limited

Appellant

Baroma Agro Product and Others

Respondents

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

1 Whether the appellant can claim exclusive right over the word 'MALABAR' despite the disclaimer in the trademark registration
2 Whether the respondents' use of 'MALABAR' in conjunction with 'BAROMA' constitutes infringement or passing off

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Respondents entitled to use the word 'MALABAR' in conjunction with 'BAROMA' with approved get-up.
All contentious issues left open to be resolved in the pending suit.