Bombay High Court Restrains Entity From Infringing Everest's Tikhalal Trademark, Slaps ₹2 Lakh Fine For Fabricating Sales Invoice

The Bombay High Court has granted a temporary injunction in favour of the popular spice brand 'Everest', against the trademark infringement of its 'Tikhalal' chilli powder product by a business selling spices and similar goods. In its interim application, Everest Food submitted that the defendants attempted to mislead the Court by producing false and fabricated sales invoices along with their affidavit in reply to show their alleged use of the impugned trade mark. The Defendants in my prima facie view have deliberately fabricated Sales Invoices including Sales Invoice…by adding the words “TIKHA LAL” and produced the same before this Court in an attempt to falsely show their use of the impugned trade mark “TIKHA LAL” to mislead this Court.” However, the defendants argued that there was a misprint caused by an error of computer software and thus the impugned trade mark TIKHA LAL is absent in the sales invoice filed along with the trade mark applications. Observing that Everest Food established that it has acquired immense goodwill and reputation in the “TIKHALAL” trade mark, it stated “There is likelihood of injury to the goodwill and reputation that has been painstakingly acquired by the Plaintiff in its said trade mark “TIKHALAL” and the goods bearing the same.” It also noted that the defendant's trade mark registration would not prevent it from granting interim relief in favour of Everest Food. It stated that the defendants trade mark registration was prima facie “illegal, fraudulent and of a nature that would shock the conscience of the Court.” The Court thus found that Everest Food made out a prima facie case for grant of temporary injunction.