A Delhi court has restrained a food manufacturer from using the trademark “10X Shakti” saying its use could cause irreparable damage to the proprietor of the mark Shakti Bhog.
District judge (commercial) Umed Singh Grewal was hearing a suit for granting an ex-parte injunction restraining GRM Food Craft Pvt Ltd from using the mark “10X Shakti” on its wheat flour packets.
The plea by Kumar Food Industries Ltd said there was an infringement and unauthorised use of its mark Shakti Bhog Foods Limited. The court further said on the packets while Shakti was prominently mentioned in big fonts, 10X was in small fonts.
“Use of the word Shakti prominently on its packaging by the defendant (GRM Food) can create confusion in the mind of unwary customers of imperfect recollection to believe that the goods contained in the packaging bearing those words or trademark were the goods manufactured by the plaintiff,” the court said.
It said Kumar Foods had a prima facie case in its favour and there was a possibility of irreparable loss of goodwill and money if their plea was not allowed.
“So, to save the plaintiff from financial and reputation and loss and the general public from buying the goods which may be of substandard quality, the application is allowed and defendant and its representatives are restrained till the next date from using the trade mark 10X Shakti or its variants on the packaging containing wheatflour,” held the court.
PTI
