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HomeNewsCalcutta High Court Halts Parle's 'Top Gold Star' Branding Amid Trademark Dispute

Calcutta High Court Halts Parleโ€™s โ€˜Top Gold Starโ€™ Branding Amid Trademark Dispute

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On July 19, 2024, the Calcutta High Court issued a stay order restraining Parle from marketing its biscuit product under the โ€œTOP GOLD STARโ€ brand name until August 27, 2024. This decision came after a legal challenge from SAJ Food Products, the manufacturer of Bisk Farm, citing trademark infringement.

Background of the Parleโ€™s โ€˜Top Gold Starโ€™ Dispute

SAJ Food Products, known for its Bisk Farm brand of biscuits, snacks, and bakery products, adopted the mark โ€œTOP GOLDโ€ for one of its biscuits in 2005. The company secured statutory protection through trademark and copyright registrations. As the sole entity registered for the โ€œTOP GOLDโ€ mark, Bisk Farm noticed Parleโ€™s new product launch under the name โ€œTOP GOLD STARโ€ and took legal action.

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Trademark Infringement Claims

Bisk Farm argued that Parleโ€™s โ€œTOP GOLD STARโ€ brand was structurally, phonetically, and deceptively similar to its own โ€œTOP GOLDโ€ mark. The terms โ€˜TOPโ€™ and โ€˜GOLDโ€™ in Parleโ€™s branding were prominently featured, with โ€˜STARโ€™ written in smaller font, leading to confusion among consumers. This, Bisk Farm claimed, constituted a clear act of passing off and trademark infringement.

Courtโ€™s Decision

The Honโ€™ble Justice Krishna Rao of the Calcutta High Court passed an ex-parte injunction, restraining Parle from selling and marketing its product under the โ€œTOP GOLD STARโ€ brand name until August 27, 2024. This temporary order provides Bisk Farm with immediate relief while the case is being further examined.

Response of Bisk Farm

Vijay Singh, Managing Director of Bisk Farm, expressed gratitude for the courtโ€™s decision. He emphasized the companyโ€™s dedication to protecting its intellectual property rights and maintaining the brand integrity established by their late founder, K.D. Paul. Singh stated, โ€œWe have a distinguished history of introducing distinct biscuits, each marked by its own unique identity, all of which have been well-received by consumers. We are thankful to the honourable court for issuing an ex-parte protective order against this action of trademark infringement by Parle.โ€

Conclusion

So, the temporary injunction against Parle highlights the significance of trademark protection and the ongoing efforts of companies to safeguard their brand identities. As the case progresses, it will serve as a critical example of the importance of respecting intellectual property rights in the competitive food industry.

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