On July 19, 2024, the Calcutta High Court delivered a significant ruling in the ongoing trademark dispute between SAJ Food Products, the manufacturer of Bisk Farm biscuits, and Parle Biscuits. The court issued an ex-parte injunction, temporarily restraining Parle from marketing its new product under the brand name “TOP GOLD STAR” until August 27, 2024. This decision marks a crucial moment in the case involving trademark infringement claims and highlights the broader implications for intellectual property rights within the food industry.
The Trademark Dispute: Background and Context
Bisk Farm’s Trademark History
SAJ Food Products, known for its popular Bisk Farm brand, has been a significant player in the biscuit and bakery product market. Since 2005, Bisk Farm has marketed its biscuits under the brand name “TOP GOLD.” This mark has been protected through both trademark and copyright registrations, establishing Bisk Farm as the prior and only registered user of the “TOP GOLD” mark in Class 30. This legal protection was intended to safeguard the brand’s unique identity and prevent confusion among consumers.
Parle’s New Product and Allegations of Infringement
Recently, Parle Biscuits launched a new biscuit product under the name “TOP GOLD STAR.” Bisk Farm contended that Parle’s new branding is a deliberate attempt to infringe upon its established “TOP GOLD” trademark. According to Bisk Farm, the “TOP GOLD STAR” mark is structurally, phonetically, and deceptively similar to their registered mark. The terms ‘TOP’ and ‘GOLD’ in Parle’s new product are prominently displayed, with the term ‘STAR’ appearing in a smaller font. This similarity, Bisk Farm argues, constitutes an act of passing off, misleading consumers and potentially diluting the distinctiveness of their brand.
Legal Proceedings and Court Ruling
The Court’s Decision
On July 19, 2024, Justice Krishna Rao of the Calcutta High Court addressed the issue, granting Bisk Farm an ex-parte injunction. This legal measure temporarily prevents Parle Biscuits from selling or marketing their “TOP GOLD STAR” product until the court can make a final determination on the matter, which is expected by August 27, 2024. The court’s decision is a preliminary victory for Bisk Farm, highlighting the seriousness of the allegations and the potential impact on consumer perception and brand integrity.
Implications of the Stay Order
The stay order issued by the court serves several purposes. Firstly, it provides immediate relief to Bisk Farm by halting the sale and marketing of the allegedly infringing product. Secondly, it underscores the court’s recognition of the potential harm that could be caused by allowing the continued use of a similar mark. Finally, it sets the stage for a more comprehensive legal examination of the trademark infringement claims, which will involve detailed scrutiny of the similarities between the marks and the potential for consumer confusion.
Statements from the Parties Involved
Bisk Farm’s Reaction
Vijay Singh, the managing director of Bisk Farm, expressed gratitude for the court’s decision. Singh emphasized the company’s commitment to protecting its intellectual property and brand integrity, which has been developed over two decades by the late founder K.D. Paul. In a statement, Singh remarked, “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, and we are thankful to the honorable court for issuing an ex-parte protective order against this action of trademark infringement by Parle.”
Parle Biscuits’ Position
As of now, Parle Biscuits has not issued a formal statement regarding the court’s decision. However, the company is likely to evaluate its legal options and prepare a response to the allegations. Parle’s defense may involve challenging the claims of similarity and arguing that the new mark does not infringe upon Bisk Farm’s registered trademark. The outcome of this legal battle will depend on the evidence presented and the court’s interpretation of trademark law.
Broader Implications for Intellectual Property
The Importance of Trademark Protection
The case underscores the critical role of trademark protection in maintaining brand identity and preventing market confusion. Trademarks serve as valuable assets for companies, representing their reputation and quality in the marketplace. The legal system provides mechanisms to protect these assets, ensuring that established brands can defend against potential infringements and maintain their competitive edge.
Industry Impact
The outcome of this case could have broader implications for the food industry and other sectors where branding is a key component of business strategy. A ruling in favor of Bisk Farm could reinforce the importance of diligent trademark registration and protection, while a different outcome might prompt companies to reassess their branding strategies and legal safeguards.
Looking Ahead: What’s Next for Both Parties
Upcoming Legal Proceedings
As the case progresses, both parties will continue to present their arguments and evidence. The court will likely examine the specifics of the trademark registrations, the similarities between the marks, and the potential impact on consumer perception. The final ruling will determine whether Parle Biscuits can continue using the “TOP GOLD STAR” mark or if it will need to rebrand its product.
Strategic Considerations
For Bisk Farm, the focus will be on reinforcing its claims and demonstrating the harm caused by the alleged infringement. Parle Biscuits, on the other hand, will need to address the court’s concerns and possibly seek a resolution that allows it to maintain its market presence without infringing upon Bisk Farm’s trademark.
A High-Stakes Trademark Dispute
The legal battle between Bisk Farm and Parle Biscuits is a significant trademark dispute with implications for both companies and the broader industry. The Calcutta High Court’s stay order represents a critical development in the case, temporarily restraining Parle from using the “TOP GOLD STAR” mark. As the situation unfolds, the outcome will be closely watched by stakeholders in the food industry and beyond, highlighting the ongoing importance of trademark protection and the challenges of maintaining brand integrity in a competitive market.
