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Kolkata’s Haldiram Bhujiawala case: Infringement of Trademark
Introduction:
A trademark is a capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property right. Registration of trademark is mandatory and it is necessary. Such registration of trademark gives exclusive right and protection to the proprietor. Further A registered trademark can obtain interim relief in case of infringement of trademark.
The leading case of M/S.HALDIRAM BHUJIAWALA & ANR v M/S.ANAND KUMAR DEEPAK KR.& ANR was the on-going dispute regarding ownership of trademark in the High Court of Delhi. The suit was filed by the plaintiffs for the grant of permenant injuction against infringement of the trademark.
History & facts of haldirams case:
- The firm “Haldiram Bhujiawala” was famous or its sweets,namkeen etc at Calcutta. The firm was constituted by Chand Mal Ganga Bishan and after his death his sons mool chand, Satidas and Rameshwar Lal started the business of Haldiram Bhujiawala at the same place.
- A trademark application took place for its registration under the name of “Haldiram Bhujiawala” on 29th december 1972. This was filed by 4 partners basically the sons of Chand mal ganga Bishan. The same trademark application was filed by Rameshwar Lal Aggarwal under the name of “Haldiram Bhujiawala” on September 1980.
- Since after the death of Ganga bishan his sons were running the business. A similar shop was opened under the name of “Haldiram Bhujiawala” at Arya Samaj Road Delhi. Due to which a dispute took place between the family members.
- At this stage Anand Kumar Deepak Kumar File a plaint on 10th december 1991 claiming for injunction. The court granted an exparte injunction against the Appellants.
- In the year 1992 the plaint was amended.
- On 12th May 1999 the court had passed an order as to no interim injunction to be given in favour of the Plaintiffs/Respondents herein and the Appellants were doing their business in the name and style of Haldiram Bhujiawala at Delhi as well.
- At the time of admission of the appeal, no stay of the impugned order was granted by the Division Bench of this Court and the appeal was pending disposal for regular hearing.
- According to the Appellants their trade mark No. 330375 is not an issue in this suit, is not disputed and valid all over the country, whereas the trade mark of the Respondents registered vide No. 285062 is valid all over India except the State of West Bengal.
- A deliberately introduction of a forged declaration was introduced to the supplement of the case of the respondents. Which would indicate a declaration deed. On that declaration deed was the visible signature of Rameshwar Lal Aggarwal. It was considered as forged because the deed was different from all the other documents on record which have been signed by him.
- It is pointed out that after the Appellants raised serious doubts to the veracity of this dissolution deed that the same is a forged document and after this was introduced in the Hon'ble High Court of Calcutta, it has been lost by the Respondents and is now not traceable.
- It is contended that in terms of the Will, the reputation and goodwill of the trade name HRB-Haldiram Bhujiawala was exclusively and absolutely bequeathed to Mool Chand and thus they being the legal heirs of Mool Chand are the exclusive owners of the trade mark.
Judgement:
- The Appellants are the sons of Rameshwar Lal Aggarwal s/o Ganga Bishanand the Respondents are sons of Mool Chand s/o Ganga Bishan. There can be no better document than the affidavit of Ganga Bishan himself wherein he has stated that he invented and adopted the trade mark Haldiram Bhujiawala as his nick name was Haldiram and his sons are using the same.
- The result of the above discussion:
- Late Shri Ganga Bishan who was also known as Haldiram Bhujiawala was the inventor/first adopter and first user of thetradename "Haldiram Bhujiawala" which he had adopted since his childhood in or before 1941 and he has been doing business in this tradename.
- After the death of Shri Mool Chand, this trademark was transferred to his four sons, namely, Shiv Kishan Aggarwal, Shiv Rattan Aggarwal, Manohar Lal Aggarwal and Madhu Sudan Aggarwal w.e.f. July 30, 1985. And they became the registered subsequent proprietor of this trademark.
- Subsequently, this trademark was assigned/transferred in the name of the company Haldiram (India) Pvt. Ltd. in 1995.
- Defendants or their predecessor-in-interest - Ramashwar Lal was doing his business only in Calcutta.
- M/s. Anand Kumar, comprising of three sons of Mool Chand had started a shop in Chandni Chowk in the year 1983 and using the said trademark. They are prior used of this trademark in Delhi.
- They thus are both registered proprietors as well as prior used of this trademark.
Conclusion:
This ruling ended the long dispute between the family members. This verdict indicated necessary requirements for trademark registry:
- Reconstruction of missed files of the petitioner professional consultancy,
- e-filing of trademark,
- amendment of trademark rules,
- scientific record keeping scheme,
- audit of all files in the registry.
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