Shree Swaminarayan Sarvopari Siddhant Digvijay Trust Secures Immediate Relief Against Alleged Trademark and Copyright Infringement
In a significant ruling, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Shree Swaminarayan Sarvopari Siddhant Digvijay Trust against Sukhmay Karan Satsang Foundation and others. The order, passed by Justice Tushar Rao Gedela, addresses allegations of trademark and copyright infringement concerning the unauthorized use of the "KARAN SATSANG" mark and the exploitation of the founder's image, likeness, and name by the defendants.
The plaintiff, a spiritual and religious organization, sought immediate judicial relief citing the unauthorized adoption of their registered trademark "KARAN SATSANG" by the defendants in their corporate name "SUKHMAY KARAN SATSANG" and other promotional materials. The court noted that the plaintiff has been associated with the trademark since 1977 and institutionalized its use since 1983, establishing significant goodwill and distinctiveness.
The court's order specifically restrains the defendants from using the "KARAN SATSANG" mark or any similar variants in their corporate and trade names, trademarks, social media, publications, and digital content. Furthermore, the defendants are prohibited from exploiting the image and name of the Trust's founder, HDH Bapji, without prior written permission.
The court recognized that the balance of convenience favored the plaintiff, highlighting the risk of irreparable harm due to the potential dilution of the trademark and misrepresentation. The defendants are also directed to remove all infringing content from their platforms and publications.
This decision underscores the judiciary's commitment to protecting intellectual property rights and preventing unauthorized use of established trademarks. The case is set for further proceedings, allowing the defendants time to respond to the allegations and continue with the legal process.
Bottom line:-
Trademark and Copyright Infringement - Plaintiff Trust established a prima facie case for granting an ex-parte ad-interim injunction against defendants for unauthorized use of the mark "KARAN SATSANG" and exploitation of the founder's image, likeness, and name.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Civil Procedure Code, 1908 Order XI Rule 1(4), Civil Procedure Code, 1908 Order VI Rule 17, Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2
