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Prakash Agro Industries Ltd. v/s S.R.K. Products Pvt. Ltd.


Company & Directors' Information:- PRAKASH INDUSTRIES LIMITED [Active] CIN = L27109HR1980PLC010724

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- G H AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15143PB1996PTC018159

Company & Directors' Information:- S A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2013PTC195653

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- B. D. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400WB2009PTC136319

Company & Directors' Information:- D A P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2011PTC157956

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- B. K. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U70101WB1990PTC049682

Company & Directors' Information:- S V M A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15142TZ2003PTC010834

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- K E AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314KL2002PTC015782

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- AGRO (INDIA) PRODUCTS PRIVATE LIMITED [Active] CIN = U01500DL2013PTC250521

Company & Directors' Information:- W B AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KA2014PTC073123

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- D M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066893

Company & Directors' Information:- D N AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314UR2005PTC032824

Company & Directors' Information:- N K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PB2010PTC034534

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- INDIA AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01300TZ1991PTC003161

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- S B R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01120TN2008PTC070170

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- B S AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29246WB1995PTC073119

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- S C P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400WB2010PTC154344

Company & Directors' Information:- B B AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01111WB1999PTC089962

Company & Directors' Information:- B. R. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MP2020PTC052151

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- J. M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01122UP2007PTC032828

Company & Directors' Information:- P M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01100MP2010PTC023037

Company & Directors' Information:- M. C. AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74990WB2009PTC135219

Company & Directors' Information:- P G AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403WB2009PTC139377

Company & Directors' Information:- L. M. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15139DL2010PTC207504

Company & Directors' Information:- C K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403AP2016PTC098332

Company & Directors' Information:- R J AGRO PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC036080

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- AGRO PRODUCTS PVT LTD [Strike Off] CIN = U01131OR1983PTC001188

Company & Directors' Information:- R L R AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403TG2012PTC082514

Company & Directors' Information:- PRAKASH INDUSTRIES LIMITED [Strike Off] CIN = U99999KA1947PLC001035

Company & Directors' Information:- PRAKASH PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U25199UP1975PTC004111

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- R P V AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01300TZ1997PTC008071

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- A V S AGRO-PRODUCTS COMPANY LIMITED [Dissolved] CIN = U74899DL1995PLC070790

Company & Directors' Information:- M R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400MH2012PTC226708

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- B. U. AGRO-PRODUCTS PRIVATE LIMITED [Active] CIN = U01100GJ2018PTC101009

Company & Directors' Information:- PRAKASH AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1980PTC023171

Company & Directors' Information:- PRAKASH INDUSTRIES PRIVATE LIMITED [Dissolved] CIN = U74900KL1950PTC000938

Company & Directors' Information:- PRAKASH INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1947PLC005948

    Appeal From Order No. 280 of 2013 With Civil Application No. 337 of 2013

    Decided On, 13 December 2013

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE ANOOP V. MOHTA

    For the Appellant: Dr. V.V. Tulzapurkar Sr. Advocate a/w Sandeep Parikh, H.J. Engineer i/b M/s Gordhandas & Fozdar, Advocates. For the Respondent: R1, A.A. Valsangkar a/w S.A. Kumbhakoni, Advocates.



Judgment Text

1 The Appellant-Original Plaintiff has challenged order dated 15 December 2012 passed by the learned District Judge, Pune whereby dismissed the application for injunction restraining the Respondent-Defendant from infringing the Appellant's registered trade mark 'SAMRAT'. The dispute is therefore with regard to the word-mark 'SAMRAT'.

2 The Appellant is a Company engaged in carrying business of manufacturing, distribution and marketing Besan, Pulses, Wheat, Flour and preparations made from Cereals, Rava, Maida, Atta and other products in the trade since 1983. They got registered trade mark 'SAMRAT' in relation to the said goods in class 30 under the Trade Marks Act, 1999 (for short 'the Act'). They made an application for renewal with new identity and label with distinct features of food products and a device of a lady in the year 2007. The Appellant is also holder and registered proprietor of the original artistic work under the mark 'SAMRAT' under the Copyright Act, 1957.

3 The Respondent-Defendant has started selling atta under the mark 'SAMRAT' which according to the Appellant, is phonetically, structurally and visually identical to their registered mark with device. The Respondent-Defendant, inspite of a caution and restrain notice and requests to refrain and stop selling atta, has denied falsely. Therefore, the Appellant filed the suit in September 2012, as it also violates the provisions of Section 9(2) and 11(1) of the Act.

4 The Appellant in April 2012 noted again such products in the market in the name of 'SAMRAT' and therefore filed the suit and also prayed for mandatory injunction. The Respondent-Defendant denied and resisted every aspect of the averments and the case so sought to be submitted by the Appellant. The Defendant-Company, basically doing business in South India and also resisted that the Appellant failed to aver and produce the documents to show the Appellant's ownership of any common rights for such reliefs. The denial is also made by the Respondent that the packing and artistic work used in their product is similar and that the Respondent has been continuously using a trade mark 'SAMRAT' with device of a crown with unique getup and packaging. Both these are part of record as filed by both the parties in support of their respective cases.

5 The Respective-Defendant contended that they are doing this business since 1993 by manufacturing and marketing of arappu powder, turmeric powder, chilli powder, dhania powder etc. and their turnover is more that two crores per annum and they have also spent huge amount towards advertisement. They denied any similarity phonetically, structurally and visually with regard to the alleged trade mark.

6 After hearing both the parties and considering both the labels-trade marks, I am also inclined to hold that the marks are quite different and both these marks are not structurally similar either phonetically or even visually. There is no question of any confusion of the mind of relevant customers. The delay and latches on the part of the Appellant, apart from the acquiescence and long use of the mark by the Respondent-Defendant also cannot be overlooked at this stage.

7 The basic registered trade mark of the Appellant is of crown with device having words 'Swadist and Ruchkar Padarthasathi 'Samrat' brand Chana Besan'. The Appellant in 2007 applied for new identity and label with distinct features of food products and a device of a lady which consists and contains the word 'SAMRAT'. However, the same was approved under the Registered Copyright Act and not under the Trade Marks Act. Therefore, apparently the trade mark issue artistic work but under Class 30 of the Act. The original trade mark produced on record, as recorded as 'Crown' with device having the words in question. The copyright, even if any, of artistic work with picture of a lady admittedly issued on 4.1.2011 as applied on 14.11.2009, but this means it was not since 1983. The copyright issue of wrapper therefore Cannon be treated as trade mark.

8 The Respondent, on the contrary, produced on record their trade mark of word 'SAMRAT' with device of crown. But later on the device of crown was disclaimed under the trade mark 'SAMRAT' for class 30 in respect of coffee only is not in dispute. On the wrapper, the Respondent-Defendant used their trade mark for products namely cereal, wheat, atta. The Appellant was not using his original trade mark of the year 1983. The Appellant's trade mark was not used by the Respondent-Defendant on its products. Therefore, there is no question of confusion and/or deception, as sought to be contended.

9 The learned Judge has given clear finding that the trade mark of the Appellant is of king with device of crown with vernacular word which is similar and/or identical with the trademark of the Respondent-Defendant, namely the word 'SAMRAT' with device of crown. Therefore, the learned Judge observed that no prima facie material in support of the Appellant. The learned Judge has observed that both the parties are using the mark 'SAMRAT' in their packaging. However, the style of writing the word 'SAMRAT' is different. The word 'SAMRAT' is commonly used as common name and no one can have trade mark for the same. The word 'SAMRAT' therefore is common name known as 'king'. The Appellant had the trade marl of vernacular word 'SAMRAT' and therefore there is no case of infringement.

10 The learned Judge has also observed, after considering the material on record there is no prima facie material to show that the Plaintiff was using mark 'SAMRAT' atta prior to Defendant. The Defendant using the trade mark 'SAMRAT' with device of crown since 1995 though it was for coffee, but using the word 'SAMRAT' since 1997, is certainly after the registration of the Appellant's product in 2011. There is no similarity of any kind. There is no case of deception and/or confusion, specifically when the word 'SAMRAT' is common name.

11 Therefore, in the present facts and circumstance

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s of the case, no case is made out as even the pouches of atta so placed on record, the same are of different colours and combination and there is no similarity and/or any identity. The name of the manufacturer is written in bold. The aspect of spoken word 'SAMRAT' as contemplated under Section 28 read with Section 29 and also in the present facts and circumstances, is not sufficient to consider the case of the Appellant at this stage of the proceedings. 12 No case of perversity and illegality. The order is well within law and the record. Suit expedited. 13 For the above reasons, the Appeal from Order is dismissed, so also Civil Application. No costs.
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