The Delhi High Court has restrained the makers of NIC Natural Ice Creams from using marks ‘Natural’ or ‘Naturals’ in its products.
The high court passed the interm order sayng that the plaintiffs, who are the makers of ‘Natural’ ice cream have made out a prima facie case for grant of an ex-parte injunction.
“Balance of convenience also lies in favour of the plaintiffs and in case an ex-parte injunction is not granted, plaintiffs are likely to suffer irreparable loss,” Justice Jyoti Singh said.
The high court said the makers of ‘NIC Natural Ice Creams’ are restrained from using plaintiff Siddhant Ice Creams LLP’s marks ‘Natural’, ‘Naturals’ or ‘NIC Natural Ice Creams’ and ‘NIC’, in any form, including any marks identical or deceptively similar to packaging of their products.
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It also restrained them from using the domain names ‘nicicecreams.com’, ‘nicnaturalicecreams.com’.
The high court summons to Ameet Pahilani and others, who are the makers of ‘NIC Natural Ice Creams’ to respond to the suit.
The plaintiffs submitted that they are engaged in the business of manufacturing, marketing and selling ice creams, ice cream shakes and allied products and services under the name and brand ‘Natural’ since 1984.
They said their products are sold through authorised franchisees in 42 locations across the country including Delhi and ‘Natural’ and ‘Naturals’ have become household mark and attained the status of iconic brand for ice creams and ice cream based products.
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The HC said the makers of ‘NIC Natural Ice Creams’ have dishonestly registered marks bearing the name ‘NIC Natural Ice Creams’ by incorporating ‘Natural’ mark, which is an essential part of plaintiffs’ trademark and is deceptively similar.
Defendant no. 1 was clearly aware that NIC was commonly used as an acronym for the Natural Ice Cream business, it said.
-With PTI Input
