M/S HARI CHAND SHRI GOPAL vs CHAURASIA TOBACCO PRODUCTS

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15th April, 2025 + CS(COMM) 895/2022 M/S HARI CHAND SHRI GOPAL .....Plaintiff Through: Ms. Prachi Agarwal, Mr. Manan Mondal and Ms. Elisha Sinha, Advocates. versus CHAURASIA TOBACCO PRODUCTS .....Defendant Through: CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. Since 14th April, 2025 was declared a Court holiday, the matters listed on 14th April, 2025 are being taken up today i.e. 15th April, 2025. 2. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademark and copyright of the plaintiff, passing off their goods as that of the plaintiff, along with other ancillary reliefs. CASE SET UP BY THE PLAINTIFF 3. The plaintiff, M/s Hari Chand Shri Gopal, is the producer and seller of flavoured chewing tobacco and other tobacco products that are sold under the trademark ‘GOPAL’ and are also manufactured by Gopal Aromatic Pvt. Signature Not Verified Digitally Signed CS(COMM) 895/2022 Page 1 of 10 By:AANCHAL TAGGAR Signing Date:24.04.2025 16:38:59 Ltd (licensee of few of the trademarks of the plaintiff). 4. The trademark ‘GOPAL’ was coined after the name of the current Chairman of the Group, Mr. Sri Gopal Gupta. The plaintiff has continuously and extensively been using the ‘GOPAL’ trademark as a part of its trade name ‘Hari Chand Shri Gopal’ and also as a trademark for its products, including with numerals and/or the ‘Lord Krishna’ device since 1950. The table showing various registrations of the mark ‘GOPAL’ and its variations thereof, including but not limited to ‘GOPAL 60’, ‘GOPAL ZARDA 60’, ‘DELUXE GOPAL ZARDA 60’ under Class 34 along with copies of Registration Certificates as issued by the Registrar of Trade Marks have been