Shri Ved Prakash Garg, trading as M/s. Parul Food Products vs. Mr. Dhruv Singh and Anr.

Recently, the Delhi High Court decided a case filed by Shri Ved Prakash Garg, trading as M/s. Parul Food Products, seeking rectification for cancellation/removal of the FUNSHINE word and device marks registered in the name of Mr. Dhruv Singh.

The Petitioner, sole proprietor of M/s. Parul Food Products, is engaged in the manufacturing and marketing of puffs, namkeen, biscuits, rusk, chips and confectionery goods falling in Class 30. The Petitioner claims to be the original conceiver and proprietor of the trade mark, and artistic work subsisting in the FUNFINE mark, and holds various registrations/applications in Class 30.

The Respondent operates in an identical business, and manufactures and sells goods, including puffs, namkeen, and confectionery items under its FUNSHINE mark, and has registrations for the word and device mark in Class 30, with a use claim of 2017.

The Petitioner submitted that it has been honestly and continuously using its FUNFINE mark, and that the mark not only forms an integral part but also constitutes the dominant and distinguishing feature in its trade marks. The Petitioner also asserted ownership of copyright in the artistic works for the labels. The Petitioner further relied on the revenue, goodwill, substantial investment, high quality of products, etc. Further, the Petitioner submitted that the Respondent adopted the Impugned Mark on and in relation to identical goods to ride upon the Petitioner’s goodwill, and that the Petitioner is the prior adopter and user of its mark.

The court proceed ex-parte, and noted that the Petitioner is, in fact, the earlier adopter and proprietor of the FUNFINE mark. Further, the court, upon comparing the marks, found them to be phonetically and deceptively similar, and likely to cause confusion among the public and consumers. The court also noted that although, a critical comparison might disclose some differences, however a purchaser of average intelligence would definitely be deceived by the overall similarity. Further, a holistic comparison of the rival marks highlight significant phonetic, structural, and visual similarities, which are likely to create confusion or suggest a false association between the products or their origin.

Based on the analysis, the court allowed the petition, and ordered that the Respondent’s registrations are liable to be removed from the Register. The court directed the Registrar of Trade Marks to issue appropriate notifications to this effect.

Shri Ved Prakash Garg, trading as M/s. Parul Food Products vs. Mr. Dhruv Singh and Anr. [C.O. (COMM.IPD-TM) 80/2021]

Read the judgement copy here.