Parle Agro Secures Relief Against Use of Deceptively Similar "SMOOTH" Mark
In a significant development in trademark law enforcement, the Delhi High Court has granted an ex parte ad interim injunction in favor of Parle Agro Private Limited against Varun Beverages Limited. The court's decision restrains Varun Beverages from using the "SMOOTH" trademark, which was found to be deceptively similar to Parle Agro's registered "SMOODH" trademark.
The case, presided over by Justice Jyoti Singh, centered around allegations of trademark infringement and passing off. Parle Agro, a leading player in the Indian beverage market, argued that Varun Beverages' use of the "SMOOTH" mark for its dairy-based yogurt product was phonetically, visually, and structurally similar to Parle Agro's "SMOODH" mark, leading to potential consumer confusion.
The court noted that Parle Agro had established a prima facie case of infringement under Sections 28 and 29 of the Trade Marks Act, 1999. It emphasized that the defendants' use of "SMOOTH" was likely to deceive consumers and dilute the goodwill associated with the "SMOODH" mark, which Parle Agro has built through extensive marketing and advertising efforts.
Justice Singh observed that Varun Beverages had carefully altered the letter "D" in "SMOODH" to "T" in "SMOOTH" in a manner that constituted smart copying, intending to mislead consumers. The court also pointed out that the defendants' product packaging prominently displayed the "SMOOTH" mark, overshadowing their own brand name "CALPIS," which further corroborated the intent to associate with Parle Agro's established brand.
The court's order restrains Varun Beverages and its associates from using the "SMOOTH" mark or any similar trademark that could be confused with "SMOODH." The injunction will remain in effect until the next hearing date, set for December 2026.
Parle Agro's legal team, led by Senior Advocate Chander M. Lall, successfully argued that the balance of convenience lay in favor of the plaintiff, and the potential harm to their brand's reputation and consumer trust warranted immediate judicial intervention.
This judgment underscores the judiciary's commitment to protecting intellectual property rights and maintaining fair competition in the market. It serves as a reminder to businesses about the importance of ensuring distinctiveness in their branding strategies to avoid legal complications.
Bottom Line :
Trade Marks Act, 1999 - Grant of ex parte ad interim injunction to restrain the defendants from using a deceptively similar trademark or packaging, which infringes upon the plaintiff's registered trademarks and goodwill.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29
Parle Agro Private Limited v. Varun Beverages Limited, (Delhi) : Law Finder Doc id # 2966556
