Evergreen Sweet House Secures Injunction Against JV Evergreen Sweets for Trademark Infringement and Passing Off

Case Summary: Evergreen Sweet House Vs. JV Evergreen Sweets & Treats & Ors.

Citation: CS(COMM) 430/2024, High Court of Delhi

Date of Decision: December 23, 2024

Coram: Hon’ble Justice Amit Bansal

Headnote

The Delhi High Court granted an interim injunction against JV Evergreen Sweets & Treats, restraining the defendants from using the “Evergreen” trademark or any deceptively similar mark, citing trademark infringement and passing off. The court ordered delisting of the infringing mark from online platforms and directed social media takedowns if non-compliance persisted.

Background

? Plaintiff: Evergreen Sweet House, a partnership firm established in 1963, operating in Green Park, New Delhi, with registered trademarks for “Evergreen” since 1998 under Class 30.

? Defendant: JV Evergreen Sweets & Treats, a partnership formed in 2020, operating in Lajpat Nagar, New Delhi, engaged in the same business of sweets and namkeens, using the “Evergreen” mark.

? Dispute: The plaintiff alleged that the defendants’ use of “Evergreen” in their name and trade dress was deceptively similar, causing consumer confusion and diluting their goodwill.

Case Summary

Key Issues

1. Trademark Infringement: Whether the defendants’ use of “Evergreen” infringes upon the plaintiff’s registered trademark.

2. Passing Off: Whether the defendants misled consumers into associating their products with those of the plaintiff.

3. Interim Relief: Whether the plaintiff was entitled to interim injunctions against the defendants.

Court’s Observations

? Prior User Rights:

? The plaintiff demonstrated prior use of “Evergreen” since 1963, supported by registration certificates and financial records.

? The defendants adopted the “Evergreen” mark in 2020, with no credible explanation for its selection.

? Likelihood of Confusion:

? Both parties operate in the same market segment, with overlapping geographic presence and online listings on platforms like Zomato and Swiggy.

? The defendants’ use of similar trade dress and colors heightened the likelihood of consumer confusion.

? Generic Defense Rejected:

? The court dismissed the defendants’ argument that “Evergreen” is generic, citing their own trademark registration for the same term.

? The plaintiff’s mark was held to be distinctive in the context of sweets and namkeens.

Interim Relief Granted

1. Injunction: Defendants were restrained from using the “Evergreen” mark or any similar marks in business operations, including online platforms and marketing materials.

2. Delisting from Online Platforms:

? Defendants were directed to remove listings from Zomato, Swiggy, and social media within two weeks.

? Failing compliance, Zomato, Swiggy, and Meta Platforms were directed to delist/block infringing content upon notification by the plaintiff.

Significance

The ruling underscores the importance of prior user rights and the protection of trademarks from dilution, even in cases involving descriptive or commonly used terms. It highlights the judiciary’s proactive stance on addressing online trademark infringement and consumer confusion in the digital age.

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