Empire Spices and Foods Limited v. Prk Commodities Private Limited & Anr.
Case brief
What is this about?
Trade mark infringement consent decree - Delhi High Court, CS(COMM) 226/2026 (& I.As. 6173-78/2026), Empire Spices and Foods Limited v. PRK Commodities Private Limited & Anr., Jyoti Singh J., 19.03.2026. Keywords: PAPAD ATTA; 24 CARAT MOONG SPECIAL MASALA YUKTA TAIYAR PAPAD ATTA; UDAD SPECIAL MASALA YUKTA TAIYAR PAPAD ATTA; registered trademarks; deceptive similarity; permanent injunction; online/offline, internet, e-commerce, quick commerce, WhatsApp; amicable settlement during hearing; revised packaging Ex.1 Ex.2; discontinuation of word mark; sell-off of existing impugned-packaging stock till 20.06.2026; destruction/donation of balance packaging stock; Gharkul Parivar Sanstha Nashik; affidavit and undertaking within three weeks; decree sheet; suit disposed with pending applications.
What did the court decide?
Suit decreed in terms of prayer clauses (a), (b), (c) and (d) of the plaint read with the settlement: permanent injunction against use of the impugned 'PAPAD ATTA' marks/trade dress; Defendants to discontinue the word mark 'PAPAD ATTA' forthwith and sell only in revised packaging (Ex.1/Ex.2); permitted to exhaust existing impugned-packaging stock on or before 20.06.2026; balance packaging stock thereafter to be destroyed in the presence of Plaintiff's counsel/representative, or donated to charity if it contains product; Defendants additionally to donate 1/3rd of existing stock to 'Gharkul Parivar Sanstha, Nashik' within three weeks; affidavit of existing stock and undertakings to be filed within three weeks; Registry directed to draw up the decree sheet; suit disposed of along with pending applications (I.As. 6173-78/2026).