Bombay HC passes restraining order in ‘Natural Ice Creams’ case
We are so much fed up with artificial commodities that anything ‘natural’ doesn’t miss our attention for sure. The Manufacturing and Business world are not unaware of this fact and they are increasingly trying to brand their goods with the word ‘natural’. A public search in the Trademark Registry database will give you hundreds of applications filed for marks with the word ‘natural’ or ‘nature’. In such a competitive business scenario, proprietors who hold prior registrations for such vital marks should be vigilant and proactive in guarding their trademark from infringements.
In a recent development, the High Court of Bombay has passed an interim order against Tanco Enterprises and Kshitij Ice Creams restraining them from using the mark ‘natural’ in relation to their ice cream products and also ordered seizure of domain name www.naturalicecream.in.
Both entities owned by Mr. Raghavendra K. Thane were dragged to the High Court by Mr. R. S. Kamath for trademark infringement and passing off. The Trademark registrations (641592 and 1209159) over ‘Natural Ice Creams’ under Class 30 and the domain name www.naturalicecreams.in is originally held by R. S. Kamath.
Natural Ice Creams are manufactured from natural ingredients such as fruits, sugar, chocolate and milk and are largely famous for their unique range of flavours. Mulki Raghunandana Srinivas Kamath (R. S. Kamath), a Mangalorean, started manufacturing natural ice creams in the year 1984 in Mumbai and today, his Ice Cream Company has over 70 outlets across India.
With the interim order in his favour, R. S. Kamath has succeeded not only in guarding his trademark but also in achieving a huge brand value for his concern which is something he wouldn’t even have imagined while he started his company way back in 1984. It is steps like these that will add value to one’s brand value in the market. Start ups and medium enterprises are required to have a vision and safeguard and develop their trademarks with appropriate steps such as registration, safe use, infringement watch and branding in order to achieve and establish stable identity in the market. It is high time that we bought this lesson from the ‘natural ice creams’ case.
: Mr. Suresh Prabhu
Authored by: Sandeep Hegde M.
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