Disposed

Soongachi Tea Industries v. Sona Spices Pvt., Ltd.

Delhi HC13 Sept 2024CS(COMM)/566/2018

Case brief

AI extract

What is this about?

Under consent terms, the Delhi HC framed an order governing the usage of 'SONA', 'Masala', and 'Tea' by Sona Spices and Soongachi Tea Industries. The court directed specific font usage and prohibited concurrent use of marks to ensure distinctiveness for spices and tea products. The suits were disposed of.

What did the court decide?

Consent terms framed directing specific usage of trademarks 'SONA' and 'Masala' for respective products, prohibiting certain combinations and font styles. Suits disposed of.

Soongachi Tea Industries Vs Sona Spices Pvt… — Contract and Commercial Disputes | Delhi HC (2024)

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$~20 & 21

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IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 488/2018 SONA SPICES .....Plaintiff Through: Mr. Kunal Khanna, Mr. Krishna Kumar Shukla, Mr. Krtin Bhasin, Mr. Madhav Anand and Mr. Pranav Prasoon, Advocates along with Mr. Rajiv Jindal, AR. (Mob. 9999757185) versus

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SOONGACHI TEA INDUSTRIES .....Defendant Through: Mr. Manish Kumar Mishra, Ms. Akansha Singh and Ms. Saloni Kasliwal, Advocates (Mob. 9111432161).

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CS(COMM) 566/2018 SOONGACHI TEA INDUSTRIES .....Plaintiff Through: Mr. Manish Kumar Mishra, Ms. Akansha Singh and Ms. Saloni Kasliwal, Advocates (Mob. 9111432161).

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versus

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SONA SPICES PVT., LTD.		.....Defendant
Through:	Mr. Kunal Khanna,	Mr. Krishna
	Kumar Shukla, Mr. Krt	in Bhasin, Mr.
	Madhav Anand and	Mr. Pranav
	Prasoon, Advocates al	ong with Mr.
	Rajiv Jindal, AR. (Mob.	9999757185)

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 13.09.2024

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CS(COMM) 488/2018 & CS(COMM) 566/2018 Page 1 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 14:36:27

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After some submissions, both the parties have come to consent terms on the basis of which, the present suit can be decreed.

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With the consent of the parties, it is directed as follows:-

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I. Soongachi Tea Industries shall not use the trademark ‘SONA’ for spices. However, it shall be free to use the trademark ‘SONA’ for different flavors of tea.

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II. Soongachi Tea Industries for its flavors of tea with spices, shall not use the word ‘Masala’ in a prominent manner, i.e., the word ‘Soongachi’ shall be used in a bigger font and the word Masala/Spices shall be used in a smaller font.

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III. The use of the word ‘Masala’ by Soongachi Tea Industries, for describing its flavor for tea with spices, shall be done in descriptive manner only.

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IV. Soongachi Tea Industries shall not use the words ‘SONA’ and ‘Masala/Spices’, together.

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V. Soongachi Tea Industries shall not manufacture or sell Tea Masala, as a separate commodity.

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VI. Sona Spices shall not use the trade mark ‘SONA’ for tea or tea based/tea blended beverages.

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VII. Sona Spices shall be free to use the trademark Sona Spices for Tea Masala, but in a manner, where the trademark Sona Spices is written prominently in larger font, and Tea Masala is written in smaller font in a different horizontal line.

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VIII. Sona Spices shall not use the trademark/word ‘SONA’ and Tea together.

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CS(COMM) 488/2018 & CS(COMM) 566/2018 Page 2 of 3

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This arrangement has been made between the parties, only for the purposes of the present proceedings.

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Both the parties submit that the arrangement made in the present case shall not be a precedent for third parties. The said statement made on behalf of the parties is taken note of.

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Needless to state that in case there is other fresh cause of action between the parties, for other commodities, the parties shall be at liberty to initiate fresh proceedings, in accordance with law.

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Decree sheet be drawn up in the aforesaid terms.

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With the aforesaid directions, the present suits are disposed of.

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MINI PUSHKARNA, J

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SEPTEMBER 13, 2024 g

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CS(COMM) 488/2018 & CS(COMM) 566/2018 Page 3 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 14:36:27

Soongachi Tea Industries v. Sona Spices Pvt., Ltd.

Case brief

What is this about?

What did the court decide?

Soongachi Tea Industries v. Sona Spices Pvt., Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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