The Delhi Excessive Court docket has restrained the makers of NIC Pure Ice Lotions from utilizing marks ‘Pure’ or ‘Naturals’ in its merchandise.
The excessive courtroom handed the interm order saying that the plaintiffs, who’re the makers of ‘Pure’ ice cream have made out a prima facie case for grant of an ex-parte injunction.
“Steadiness of comfort additionally lies in favour of the plaintiffs and in case an ex-parte injunction shouldn’t be granted, plaintiffs are more likely to undergo irreparable loss,” Justice Jyoti Singh mentioned.
The excessive courtroom mentioned the makers of ‘NIC Pure Ice Lotions’ are restrained from utilizing plaintiff Siddhant Ice Lotions LLP’s marks ‘Pure’, ‘Naturals’ or ‘NIC Pure Ice Lotions’ and ‘NIC’, in any kind, together with any marks similar or deceptively just like packaging of their merchandise.
It additionally restrained them from utilizing the domains ‘nicicecreams.com’, ‘nicnaturalicecreams.com’.
The excessive courtroom summons to Ameet Pahilani and others, who’re the makers of ‘NIC Pure Ice Lotions’ to answer the swimsuit.
The plaintiffs submitted that they’re engaged within the enterprise of producing, advertising and marketing and promoting ice lotions, ice cream shakes and allied services below the title and model ‘Pure’ since 1984.
They mentioned their merchandise are offered by means of authorised franchisees in 42 places throughout the nation together with Delhi and ‘Pure’ and ‘Naturals’ have change into family mark and attained the standing of iconic model for ice lotions and ice cream based mostly merchandise.
The HC mentioned the makers of ‘NIC Pure Ice Lotions’ have dishonestly registered marks bearing the title ‘NIC Pure Ice Lotions’ by incorporating ‘Pure’ mark, which is a necessary a part of plaintiffs’ trademark and is deceptively related.
Defendant no. 1 was clearly conscious that NIC was generally used as an acronym for the Pure Ice Cream enterprise, it mentioned.
This story has been printed from a wire company feed with out modifications to the textual content.
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