Bisk Farm gets injunction against Parle’s use of ‘Top Gold Star’
Times of India | 6 August 2024
Kolkata: The Calcutta High Court has granted an ex-parte injunction in favour of Saj Foods, restraining Parle Biscuits from selling and marketing their new biscuit under the brand name ‘Top Gold Star’ until Aug 27. Saj Foods markets its biscuits under Bisk Farm brand.
On Monday, the high court pointed out that it had been found that use of the mark ‘Top Gold’ and ‘Top Gold Star’ by the respondent (Parle) amounted to unfair practice by the use of a mark deceptively similar to Bisk Farm’s ‘Top Gold’ — an asset protected by trademark and copyright laws.The use and adoption of the mark ‘Top Gold’ by the respondent could cause economic injury to the petitioner (Saj Foods) and its business, said the HC.
“This court finds that the petitioner has made out a prima facie case and balance of convenience and inconvenience is in favour of the petitioner. This court also finds that if at this stage ad interim order is not passed, the business of the petitioner will suffer irreparable loss and injury,” the court said. The court has instructed that respondent and its men, servants, agents, assigns, dealers, distributors and/or anyone claiming through them be restrained from using or enabling others to use the petitioner’s trademark ‘Top Gold’ by manufacturing, marketing, processing, selling, advertising, dealing with biscuits or allied products under the trademark ‘Top Gold Star’ in any manner whatsoever till Aug 27 — the next hearing date for the matter.
Bisk Farm MD Vijay Singh said: “We have a distinguished history of introducing distinct biscuits, each marked by its own unique identity, all of which have been well-received by consumers. We are determined to protect our intellectual property rights and brand integrity.”