IFRA SHEIKH VS. MOBILE BIDI TRADERS

The Bombay High Court recently upheld an interim injunction granted by the District Court, Nagpur restraining Ifra Sheikh (“Appellant”) from using Mobile Bidi Traders’ (“Respondent”) registered trademark ONLINE BIDI.

Before the District Court, the Respondent asserted that it is engaged in the manufacture and sale of bidis since 2005 and holds a valid trademark registration for the ONLINE BIDI mark since 2017, along with copyright registration for its label. As per the Respondent, the Appellant, who sells bidis under the mark ATM BIDI NO. 7, adopted a deceptively similar colour scheme for its packets and bundles, which is likely to cause confusion, especially among less literate consumers who rely on visual identification rather than brand names.

The Appellant denied similarity between the rival products, arguing that the trade names were distinct and that the design had already been modified since a dispute was raised by the Respondent earlier. Further, the Appellant also claimed that the Respondent’s packaging failed to comply with mandatory warning requirements under the Cigarettes and Other Tobacco Products (Packaging and Labelling Rules) Rules, 2008.  

The District Court, despite the objections raised by Appellant, found a prima facie case of deceptive similarity in favour of the Respondent, emphasizing on consumer confusion, and accordingly granted an interim injunction. The Appellant challenged District Court’s order by way of an appeal before the High Court.

The Court affirmed the District Court’s findings that the rival products shared similarities, sufficient to cause deception. It further held that alleged non-compliance with statutory packaging requirements did not disqualify the Respondent from seeking injunction in its favour. While dismissing the appeal, the High Court noted that the orders passed by courts restraining acts of infringement and passing off, benefits not only to the owner of the trademark but also the end consumer. Read the judgement copy here.