A Delhi court prohibited GRM Food from using the ‘10XShakti’ trademark, which belongs to Kumar Food, until the next hearing. The court’s order comes after Kumar Food raised concerns over the unauthorized use of its trademark. GRM Food is now restricted from using the name, as the case proceeds. This legal move aims to protect intellectual property rights and prevent unfair competition.
New Delhi: A Delhi court issued an order prohibiting a food manufacturer from using the trademark ‘10XShakti’ for the time being, citing concerns that its usage could cause ‘irreparable damage’ to the owner of the trademark ‘Shakti Bhog.’
Kumar Food Industries Limited, which succeeded Shakti Bhog Limited, filed a complaint against GRM Food Craft Private Limited for using the ‘10XShakti’ mark, claiming it was ‘unauthorized’ and constituted ‘infringement.’
Kumar Food requested an ex-parte injunction to prevent GRM Food from labeling its wheat flour packets with ‘10XShakti.’
In an order dated January 18, District Judge (Commercial) Umed Singh Grewal remarked,
“The attached documents clearly indicate that the predecessor of the plaintiff (Kumar Food) was the owner of the trademark Shakti Bhog and its associated marks, which were assigned to the plaintiff in 2017.”
The judge pointed out that on GRM Food’s wheat flour packets, ‘Shakti’ was displayed prominently in large fonts, whereas ‘10X’ was in smaller fonts.
The order stated,
“This could lead to customer confusion, making them believe that the products packaged with those words or trademarks were manufactured by the plaintiff (Kumar Food),”
The court acknowledged that the applicant had a ‘prima facie’ case and that failing to grant the injunction could result in ‘irreparable loss of goodwill and money.’
The court concluded,
“To protect the plaintiff from financial and reputational harm, and to prevent the public from purchasing potentially substandard goods, the application is granted. The defendant and its representatives are hereby restrained from using the trademark ‘10XShakti’ or its variations on any packaging containing wheat flour until the next hearing,”
To prevent financial and reputational harm to Kumar Food Industries and to protect consumers from potential confusion, the court restrained GRM Food Craft Pvt Ltd and its representatives from using the “10X Shakti” trademark or its variants on wheat flour packaging until the next hearing date.
This decision highlights the importance of trademark protection and the judiciary’s role in preventing consumer confusion in the marketplace.