In a prima facie case for trademark infringement, the Calcutta High Court has restrained Parle Biscuits from selling its products under the ‘Top Gold Star’ brand name. The High Court has ruled in favour of SAJ Food Products, the biscuits maker based in kolkata. The court has scheduled the next hearing on 27 August 2024.
To prevent the SAJ Food Products’ Bisk Farm from suffering ‘irreparable loss and injury, the court retrained Parle from using ‘Gold’ along with ‘Top’ until 27 August 2024 in July. However, Parle is still allowed to use the branding ‘Top’ for selling and marketing their product.
In 2005, SAJ Food adopted the ‘Star Gold’ mark for its product, while Parle recently introduced its new biscuit product under the ‘Top Gold Star’ brand name.
The Calcutta High Court, in its order, stated, “This court finds that the petitioner has made out a prima facie case and the balance of convenience and inconvenience is in favour of the petitioner. If an interim order is not passed at this stage, the business of the petitioner will suffer an irreparable loss and injury as the respondent using the mark of plaintiff ‘Top Gold’ and ‘Top Goldstar’ identical to the petitioner’s mark.”
A press release from the brand stated that Parle has purported to infringe the registered mark of Bisk Farm ‘Top Gold’ by way of malafide adoption of ‘Top Gold Star’.
“We are determined to protect our intellectual property rights and brand integrity which has been carefully built over the two decades by our late founder K D Paul. We are thankful to the court for issuing an ex-parte protective order against Parle’s trademark infringement,” Vijay Sing, Managing Director, Bisk Farm stated.
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