Parakh Vanijya Private Limited vs Baroma Agro Product

The Supreme Court upheld the High Court's decision allowing the respondent to use 'MALABAR' in conjunction with 'BAROMA' for Biryani Rice, affirming the Single Judge's order that balanced the interests of both parties. The Court noted that the appellant, despite being the registered owner of the mark 'MALABAR', had a disclaimer regarding exclusive use, which undermined their claim. The ruling emphasized that the use of descriptive terms in trademarks must be carefully considered, especially when disclaimers are in place under the Trade Marks Act.