Top Gold

Posted on by Rudrajyoti Nath Ray

Petitioner is continuously and extensively selling its butter and cheese biscuits under the mark ‘Top Gold’ since 2005. Court finds, use of the mark ‘Top Gold’ and ‘Top Goldstar’ by Respondent amounts to unfair practice by use of a deceptively similar mark. Respondent though is not restrained using the mark ‘Top’ without using the word ‘Gold’ along with ‘Top’, Respondent is restrained from manufacturing, marketing, processing, selling, advertising, dealing with biscuits or allied products under the trademark ‘Top Gold’ and/or ‘Top Goldstar’ in any manner whatsoever till 27.08.2024.

– Hon’ble Justice Krishna Rao of Hon’ble High Court of Calcutta, Saj Food Products Pvt. Ltd. v. M/s. Parle Biscuit Pvt. Ltd., [IA No. GA-COM/2/2024 in IP-COM/16/2024] decided on 19.07.2024.

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