After Bisk Farm (SAJ Food Products) obtained an injunction against Parle Biscuits in a trademark dispute, the Calcutta High Court has granted an ex-parte injunction prohibiting Parle Biscuits from promoting and selling their new biscuit product under the brand name ‘Top Gold Star’.
In 2005, Bisk Farm became the sole business to register and/or apply for the mark before the Trademark Registry when it adopted the mark ‘Top Gold’ for one of its biscuits. Bisk Farm also acquired statutory protection through copyright and trademark registrations.
But it was just recently noted that Parle introduced a new offering in the same market segment dubbed ‘Top Gold Star’.
A stay order prohibiting Parle from marketing and selling their goods under the 'Top Gold Star' brand name until August 27, 2024, was issued by Justice Krishna Rao on July 19, 2024.
"We have a distinguished history of introducing distinct biscuits, each marked by its own unique identity, all of which have been well-received by consumers," stated Vijay Singh, Managing Director of Bisk Farm. We are committed to preserving the integrity of our brand and our intellectual property."
The Order read, "This Court finds that the petitioner has made out a prima facie case and balance of convenience and inconvenience is in favour of the petitioner. This Court also finds that if at this stage ad interim order is not passed, the business of the petitioner will suffer irreparable loss and injury as the respondent using the mark of the plaintiff 'Top Gold' and 'top Goldstar' identical to the mark of the petitioner.
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