Bombay High Court protects “Siyaram” trademark; restrains Dishonest use by interim injunction
“Plaintiff’s reputation and goodwill was such that the plaintiff’s tagline, ‘Come home to Siyaram’ was indelibly etched in public memory.”
“Plaintiff’s reputation and goodwill was such that the plaintiff’s tagline, ‘Come home to Siyaram’ was indelibly etched in public memory.”
“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
“The franchise agreement prima facie indicated acceptance of ownership of the plaintiff in the registered trademarks and permitted use only during subsistence of the agreement.”
“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”
“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”
“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”
The Court held that “the conclusion arrived at by the learned Single Judge that this Court did not have the territorial jurisdiction to entertain the suit cannot be faulted.”
“Where explanation for adoption of the mark is not honest and there are two different versions with different reasons and which reasons themselves are not proved, such explanation should be disregarded on the principle that things speaks for themselves.”
The Court opined that a party seeking interim injunction in a passing-off action must produce concrete evidence of use, goodwill, and business turnover.
“This Court came to a prima facie finding of overall deceptive similarity in the rival marks and that the impugned marks and the artwork adopted by the defendant is deceptively and confusingly similar to that of the Asian Paint Ltd.’s mark.”
“The proprietary right of the plaintiff in the registered trade mark ‘GOLD FLAKE’ was prima facie demonstrated through the registrations and uninterrupted use since 1905, and its reputation and goodwill were evident from the sales turnover and the leading presence in the cigarette manufacturing industry.”
“The registration of the plaintiff’s mark in the year 1972, prima facie, granted an exclusive right to the plaintiff to use it, which was infringed when the defendants used the impugned mark METRO FOOTWEAR.”
This article explains the concept of personality rights and how a surge in celebrity lawsuits is reshaping the law on identity, privacy, and digital misuse in India.
The defendants were engaged in providing taxi services across Dehradun and Delhi and were marketing themselves as an inter-state national level service, using the name ‘JIO’.
“Asha Bhosle has the right to control the use of all facets of her personality since the same formed part of her exclusive Personality Rights and the misappropriation of the same without her consent was liable to be restrained not only on the basis of the publicity rights but also on the basis of the tort of dilution, more particularly, tarnishment.”
“Where two persons may be registered proprietors of marks, which are identical or deceptively similar to each other, neither person would be allowed to interfere with the exclusive right of the other person to use the mark, though each of them would have a right of injunction against a third party, who may not be a registered proprietor of the mark.”
“The infraction of the rights of the appellant can take place in various shapes like dilution of its mark, initial interest confusion, and actual confusion.”
“When the identity of a famous personality is used without their consent or authorization, it may not only lead to commercial detriment to the concerned individual but also impact their right to live with dignity.”
This order is in line with the 9-9-2025 order favoring Aishwarya Rai Bachchan, who had filed a similar petition seeking identical reliefs.
“Relevant consumer base for the products which are deodorizers, air purifiers etc would be an average educated class with the ability to differentiate between the rival marks especially when there is no resemblance apart from a phonetic similarity between the two when viewed as a whole.”