On July 19, 2024, the Calcutta High Court issued a stay order restraining Parle from marketing its biscuit product under the “TOP GOLD STAR” 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 Parle’s ‘Top Gold Star’ Dispute
SAJ Food Products, known for its Bisk Farm brand of biscuits, snacks, and bakery products, adopted the mark “TOP GOLD” for one of its biscuits in 2005. The company secured statutory protection through trademark and copyright registrations. As the sole entity registered for the “TOP GOLD” mark, Bisk Farm noticed Parle’s new product launch under the name “TOP GOLD STAR” and took legal action.
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Trademark Infringement Claims
Bisk Farm argued that Parle’s “TOP GOLD STAR” brand was structurally, phonetically, and deceptively similar to its own “TOP GOLD” mark. The terms ‘TOP’ and ‘GOLD’ in Parle’s branding were prominently featured, with ‘STAR’ written in smaller font, leading to confusion among consumers. This, Bisk Farm claimed, constituted a clear act of passing off and trademark infringement.
Court’s Decision
The Hon’ble Justice Krishna Rao of the Calcutta High Court passed an ex-parte injunction, restraining Parle from selling and marketing its product under the “TOP GOLD STAR” 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 court’s decision. He emphasized the company’s dedication to protecting its intellectual property rights and maintaining the brand integrity established by their late founder, K.D. Paul. Singh stated, “We 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.”
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.
