Gemini Edibles and Fats India Ltd. secures relief against alleged infringement of its 'FREEDOM' trademark and trade-dress.
In a significant ruling, the Delhi High Court has granted an ad-interim injunction in favor of Gemini Edibles and Fats India Ltd., restraining Mr. Chegu Vasudeva Siva Kumar and others from infringing upon the plaintiff's intellectual property rights. The judgment, delivered by Justice Anup Jairam Bhambhani, addresses the alleged infringement of the 'FREEDOM' trademark and trade-dress associated with various edible oils, including sunflower oil.
The plaintiff, Gemini Edibles and Fats India Ltd., sought this relief under the provisions of the Civil Procedure Code, 1908, and the Commercial Courts Act, 2015. The company claimed ownership of the 'FREEDOM' trademark and trade-dress, asserting that the defendants were using a deceptively similar mark that could mislead consumers into mistaking their products for those of the plaintiff.
In their defense, the plaintiff's legal team, comprising Ms. Shikha Sachdeva and others, presented evidence to support the claim of infringement. They emphasized the likelihood of consumer confusion due to the similarity in the trade-dress and trademark used by the defendants for their sunflower oil products.
The court, after reviewing the submissions, found a prima facie case of infringement. Justice Bhambhani noted that the balance of convenience favored the plaintiff, and there was a likelihood of irreparable loss if the injunction was not granted. Consequently, an ad-interim order was issued, preventing the defendants from continuing their alleged infringing activities until the next hearing date.
Additionally, the court granted the plaintiff exemption from pre-institution mediation under Section 12A(1) of the Commercial Courts Act, 2015, citing relevant judgments from the Supreme Court and the Delhi High Court. This exemption was crucial given the urgency and nature of intellectual property disputes.
The case will next be heard on September 25, 2026, before the Joint Registrar for further proceedings related to pleadings and document admission.
Bottom line:-
Intellectual Property Rights - Exemption from pre-institution mediation under Section 12A(1) of the Commercial Courts Act, 2015 granted in light of judicial precedents. Prima facie case of infringement established regarding trademark and trade-dress of edible oils. Ad-interim injunction granted to restrain defendants from infringing plaintiff's intellectual property rights.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A(1), Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2
