M/S TRDP HAPPY WORLD PVT. LTD vs SHRI BALAJI CHEMFOOD INDUSTRIES

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16th April, 2025 CS(COMM) 197/2023 & I.A. 24248/2023 M/S TRDP HAPPY WORLD PVT. LTD .....Plaintiff Through: Mr. Amit Jain, Ms. Shruthi Venugopal, Ms. Simran Kaur & Ms. Nidhi, Advocates. versus SHRI BALAJI CHEMFOOD INDUSTRIES .....Defendant Through: Mr. Arnav Goyal, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks and copyright of the plaintiff, passing off along with other ancillary reliefs. CASE SETUP IN THE PLAINT 2. The plaintiff, M/s TRDP Happy World Private Limited, is a company engaged in the business of manufacturing and trading of rusks, biscuits, cakes, instant noodles, etc. 3. In 2011, the plaintiff adopted the trade mark ‘MARIO’/ ‘TRDP MARIO’ through its predecessor and since 2015, the plaintiff has been continuously using the said marks for its goods such as rusks, biscuits, cakes, etc. Along with the word mark, the plaintiff also adopted a device mark with 4. The plaintiff also obtained registrations of the word mark and the device mark ‘MARIO’, which are valid