Case Background:

In the case of Sterling Agro Industries Limited v. ASR Trading Company, the Plaintiff, Sterling Agro Industries Limited, filed a suit against ASR Trading Company alleging infringement of its registered trademark "NOVA" by using a deceptively similar mark "NOVYA" for their products, particularly Ghee and other dairy products. The Plaintiff claimed that the Defendants' packaging imitated theirs, leading to passing off and infringement claims. Sterling Agro Industries Limited, a company known for making dairy products, got into a disagreement with ASR Trading Company. The issue arose because ASR Trading Company started using a name very similar to Sterling Agro's own brand name, "NOVA," for their dairy items, especially Ghee.

Sterling Agro Industries Limited, took ASR Trading Company to court, claiming that their use of the name "NOVYA" was too much like Sterling Agro's "NOVA" and also that their packaging looked too alike. The Plaintiff said this confused customers and harmed their brand's reputation. The case revolves around protecting intellectual property rights. Sterling Agro Industries Limited argued that their trademark "NOVA" was officially registered, giving them the exclusive right to use it for dairy products. They wanted to ensure that their brand name was safe from copycats and that they could compete fairly in the market.

This dispute raises questions about what's allowed when it comes to using similar names and packaging in business. It's important because it affects not just the companies involved but also sets an example for how similar cases will be handled in the future

Facts

The Plaintiff, a company manufacturing dairy products under the trademark 'NOVA,' alleged that the Defendants were using the mark 'NOVYA' for their products, which resembled the Plaintiff's mark. During an inspection, an empty box of the contested product, "NOVYA Desi Ghee," was found at the premises of Defendant No. 1. The Defendants denied adopting an identical trademark and argued misjoinder of parties. They also claimed that their trademark application extended beyond Ghee products. The Plaintiff, Sterling Agro Industries Limited, a prominent player in the dairy products industry, had built a strong brand presence under the trademark 'NOVA.' They prided themselves on their commitment to quality and innovation, with 'NOVA' becoming synonymous with excellence in dairy products.

However, their success faced a significant challenge when they discovered that the Defendants, ASR Trading Company, had entered the market with a strikingly similar mark, 'NOVYA,' for their own range of dairy products. This discovery raised concerns for Sterling Agro Industries Limited, who feared that ASR Trading Company's use of 'NOVYA' could potentially confuse consumers and dilute the distinctiveness of their 'NOVA' brand.

The tension escalated when an inspection conducted at the premises of Defendant No. 1 revealed an empty box of the contested product, "NOVYA Desi Ghee." This discovery served as tangible evidence supporting Sterling Agro Industries Limited's claims of trademark infringement by ASR Trading Company. The presence of the 'NOVYA' product packaging on the Defendant's premises strengthened the Plaintiff's case, highlighting the direct competition between the two brands in the market.

In response to the allegations, the Defendants denied adopting an identical trademark to 'NOVA' and contested Sterling Agro Industries Limited's assertions. They argued against the Plaintiff's claims of trademark infringement, citing potential misjoinder of parties and maintaining that their use of 'NOVYA' was distinct from Sterling Agro's 'NOVA.'

Furthermore, the Defendants claimed that their trademark application extended beyond Ghee products, suggesting that their intentions encompassed a broader spectrum of dairy offerings. This claim added complexity to the dispute, indicating that the conflict between the two parties extended beyond a mere resemblance in product names to encompass broader questions of brand identity and market competition. The unfolding of these facts underlined the intensity of the legal battle between Sterling Agro Industries Limited and ASR Trading Company. With both parties standing firm in their positions, the case promised to look deeper into the complex matter of trademark law and the shading of market competition, with far-reaching implications for the dairy industry and beyond.

Judgment

The Court found the Defendants' mark and packaging deceptively similar to the Plaintiff's, undermining their claim of trademark distinctiveness. The Defendants were held guilty of contempt, with Defendant No. 3 facing a penalty of INR 5,00,000 to be paid to the Plaintiff. The Court ordered a decree sheet in favour of Sterling Agro Industries Limited, disposing of the suit and any pending applications. 

Reasoning

The Court's decision was based on the substantial similarity between the Plaintiff's trademark and the Defendants' mark, indicating potential passing off and trademark infringement. The inspection findings further supported the Plaintiff's claims. The judgement emphasized the importance of protecting intellectual property rights and preventing unfair competition in the marketplace. 

Applicable Judgments:

  1. Sterling Agro Industries Limited v. ASR Trading Company (Delhi High Court, 2024) 

  2. Engineering Analysis Centre of Excellence Pvt. Ltd. v. CIT (Supreme Court of India, 2021) 

  3. Dal Chand Sons v. CIT (Supreme Court of India) 

  4. Nauharchand Chananram v. CIT (Punjab & Haryana High Court) 

Conclusion

By analyzing the facts, judgement, and relevant provisions of the case, it is evident that the Court's decision aimed to uphold the Plaintiff's intellectual property rights and prevent unfair competition in the market. The application of relevant legal provisions and precedent judgments supported the Court's findings and ultimately led to the issuance of a decree in favor of Sterling Agro Industries Limited. 

While the process might seem complicated, trademark experts can help make it easier. Do not hesitate to get in touch with us if you have any questions at info@ccoffice.in or connect at 9988424211. We have in-house team of industry veterans who have seen thousands of such cases of trademark objection and can also help you to protect your IP.