A. Kumar Milk Foods Pvt. Ltd. v. Vikas Tyagi & Anr.
[2013 SCC Online Del 3439: (2013) 203 DLT 398: (2014) 5 AIR Del R 176: (2013) 55 PTC 469]
Coram: Single Judge Bench comprising Hon’ble Mr. Justice S. Muralidhar, J.
Forum: Hon’ble High Court of Delhi
Case No.: CS (OS) No. 1627 of 2011.
Date of Decision: September 4, 2013

Facts:

  • M/s. A. Kumar Milk Foods Pvt. Ltd (Plaintiff) owner of the "SHRIDHAR" trademark indulged in the business of ghee, edible oils, milk, dairy products, and related items. The Plaintiff operated its office in Delhi, and village Mubarek Pur, Joya, Distt. J.P. Nagar, Uttar Pradesh.
  • The Plaintiff acquired the "SHRIDHAR" trademark in 2003 through its predecessor-in-interest and has used it ever since.
  • The trademark was first registered under Mrs. Sadhana Goel's name for M/s. Shree Om Trading. The Plaintiff acquired rights to it through a deed of assignment dated January 19, 2010, and applied for transfer with the Trademark Registry. The Plaintiff company, with directors from Mrs. Sadhana Goel's family, used the trademark with her consent.
  • Defendant No.1, Mr. Vikas Tyagi, owned Defendant No.2, M/s. Shreedhar Dairy Products in Meerut operating in a similar business. They started using the "SHREEDHAR" trademark for their goods, which closely resembled the Plaintiff’s "SHRIDHAR" trademark in various aspects.
  • In September 2010, Plaintiff learned from its distributors and dealers about the Defendants' use of the disputed trademark/label, with plans to launch products under it, although no such launch had occurred yet. The objection was raised before the trademark registrar.
  • M/s. A. Kumar Milk Foods Pvt. Ltd. had filed a suit against Mr. Vikas Tyagi and M/s. Shreedhar Dairy Products seeking a permanent injunction to stop the Defendants from using the trademark "SHREEDHAR" or any similar mark in connection with dairy products, to prevent infringement of their registered trademark "SHRIDHAR," and to protect their proprietary rights in the trade name "SHRIDHAR."


Main issue:

Whether a registered proprietor bring an infringement action against another registered proprietor of an identical or similar trademark under Section 28(3) of the Trade Marks Act, 1999?