Ismail Dafadar vs. Rafikul Islam
Held
The High Court found no prima facie case for passing off, noting that the plaintiffs' registered trademark was a specific design, not just the name, and their currently used trademark was different from the registered one. It held that the issue required detailed evidence and refused to grant an interim injunction.
Facts
Plaintiffs, manufacturers of "AJIT BIRI" beedis since 2005/2010, sought an injunction against the defendant for using "M.D. AJITH BIRI", claiming passing off. The trial court vacated an initial injunction, leading to this appeal, which was remanded by the Apex Court for fresh consideration.
Key Issues
The key legal issues were whether the plaintiffs established a prima facie case for passing off based on prior use and reputation of their trademark, and whether an interim injunction against the defendant's use of a similar trade name was warranted.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERAliA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.S0IARAJEN TUESDAy, THE i4th DAy OF FEBRUARy 2o23 / 25TH mGHA, ig44 EAO NO. 63 OF 2ng AGAINST THE ORDER DATED 23.07.2021 IN IA 1/2021 IN OS 25/20210F 11 ADDITIONAL DISTRICT COURT, ERNAKULAM AP|ELliANTS/PETITIONERS/PliAINTIFFLS| Mr.ISMAIL DAFADAR, AGED 38 YEARS, S/o AJIT DEFADAR, TRADING AS ISRAIL DAFADAR BIRI WORKS, AJIT BIRI FACTORY & AAJIT BIRI FACTORY, VILL, P.O.DOMKAL, DIST. MURSHIDABAD, WEST BENGAL -742303. A. VENKETTACHELliAM, AGED 67 YEARS, s/O ARUMUGAM CHETTIAR, TOBAcco MERCHANT, mRKET ROAD, ALUVA, ERNAKULAM, KERAljA -683101. BY ADVS. O.A.NURIYA rmls BEEEN AZHAR ASSEES ENEND a. MENON RESPONDENT/RESPONDENT/DEFENDEN=Ei RAFIKUL ISLAM, AGED 50 YEARS, S/o KAJIMUDDIN MANDAI., KIRTANIYA PARA SAHEBRAMPUR JALANGI JALANI MURSHIDABAD, WEST BENGAL -742305. BY ADVS. BASIL CHANDY VAVACHAN GEORGIE SIMON ABEY GEORGE THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION
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