In 2020, KRBL Limited filed a suit claiming trademark infringement against Mr. Buyyani and sought a permanent and mandatory injunction restraining the use of the mark BHARAT GATE. KRBL Limited is the registered owner of the INDIA GATE mark and has been using it in relation to rice since 1993. Thus, the adoption of the BHARAT GATE mark in relation to identical goods can mislead consumers and cause confusion among the public. Initially, the Commercial Court granted an ex-parte ad interim injunction in favour of KRBL Limited. However, in 2024, after hearing both sides, the Court vacated the injunction order. Thus, KRBL Limited challenged this decision before the High Court.
By holding that the BHARAT GATE mark infringes upon the prior INDIA GATE mark, the Delhi High Court Division Bench set aside the Commercial Court’s order which had vacated the earlier injunction restraining the use of BHARAT GATE. The Division Bench held that ‘Bharat’ and ‘India’ both refer to the nation, thus creating an overall similar impression. The adoption of the mark BHARAT GATE was also found to be a deliberate imitation, especially given the use of the same India Gate monument image in their packaging.
The Court emphasized that conceptual and visual similarities are enough to establish infringement, even if the words are technically different. The Bench also noted that there was no reason given to justify the adoption of BHARAT GATE or the use of the monument in their packaging. The Court ruled that the adoption of the BHARAT GATE mark was not bona fide and the injunction was reinstated.
Source: KRBL Limited v. Praveen Kumar Buyyani & Ors. [FAO (COMM) 24/2024]