SE OIL PRODUCTS’ trademark is similar to that of Patanjali: SC orders immediate seizure
Last Updated on December 1, 2023 by News Desk
The Bombay HC had recently appointed a court receiver and had given direction to the same for the immediate seizure of the refined soya bean oil that has been produced by SE OIL Products Pvt Ltd. as the trademark that was owned by it, which was deceptively similar to that of Patanjali Food Ltd.
Issue:- An intellectual property suit was filed by Patanjali and the above order was passed during the same.
Arguments:- On behalf of Patanjali, Advocate Prathamesh Kamat along with Apoorv Srivastava appeared.
They had argued that Patanjali Foods was earlier known as Ruchi Soya Industries and is a pioneer of Soya foods in India.
They also submitted that the registered trademark of ‘TULSI’ and the exclusive use of the trademark ‘TULSI GOLD’ since 2006 was with Patanjali and it has spent a considerable amount of money in advertising its trademark.
It was argued by Kamat that the defendants applied for the registration of ‘TULSI GOLD’ in 2008 but withdrew in 2015 after objections were raised. Another attempt was made in 2014 before the Mumbai office which was again rejected in 2016.
Analysis:- Justice RI Chagla passed the ex parte ad-interim while observing that prima facie the trademark which has been owned by SE is identical to that of Patanjali’s registered trademark “TULSI” and the non-registered “TULSI GOLD”
The court added that the uploading of the order would be done when the additional special receiver completes the surprise seizures.
Judgement:- The court directed the defendants to stop using the trademark ‘TULSI GOLD’ as soon as possible and a direction was issued to the receiver to seize all products with this trademark which is available in the market.
Case Title:- Case title – Patanjali Foods Ltd. vs SE Oil Products Pvt Ltd. & Anr. COM IPR SUIT (L) NO.29378 OF 2023
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
