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The appellant, Vasundhra Jewellers Pvt. Ltd., incorporated in 1999, claims continuous use and registration of the mark VASUNDHRA for jewellery, while the respondent, Vasundhara Fashion Jewellery LLP, incorporated in 2016, traces its mark VASUNDHARA to its founder Vasundhara Mantri, who has used the name in business since 2001.
In the last week of March 2025, the plaintiff came across the listing of defendants’ products on e-commerce platforms such as Meesho and TradeRaise for identical products i.e., for cleaners and disinfectants, which was deceptively similar to the plaintiff’s “MAXKITEEN” marks.
The plaintiff uses the mark ‘JANGEER’, whereas the mark of the defendant includes an ‘I’ in place of ‘EE’ and ‘D’ in place of ‘R’ i.e., ‘JANGID’. Apart from the difference in the spellings of the marks of the plaintiff and the defendant, the manner and style of writing is also completely different. The added features in the defendant’s mark make it quite distinct from the plaintiff’s mark.
Yahoo Inc.’s investigation revealed that the defendant was producing a mouth freshener under the name “YAAHOO! Mouth Freshener.” that closely resembled the established trademark “YAHOO!”, leading to allegations of trademark infringement and passing off.