Calcutta High Court Protects 'SWASTIK' Rice Label Against Deceptive Packaging By Competitor

The Calcutta High Court has decreed a suit in favour of Jay Baba Bakreswar Rice Mill Private Limited against an individual, Deepak Kumar Barnwal, over the use of the “SWASTIK” label mark for rice products.

Justice Ravi Krishan Kapur observed that the respondent's packaging was “strikingly similar and deceptively identical” to that of the petitioner and held that the rival marks appeared to be identical.

Jay Baba Bakreswar Rice Mill told the court that it is engaged in the manufacture and sale of rice and similar products and had adopted the label mark “SWASTIK” in 1998.

The company submitted that its products have been sold under packaging bearing the mark continuously since then and that it holds trademark registrations for stylized versions of the label as well as copyright registrations over the artistic work associated with the mark. The registration, however, contains a disclaimer stating that it gives no exclusive right to the device of “SWASTIK” and other descriptive matters.

According to the company, it discovered in June 2023 that Barnwal was selling rice products bearing the mark “SWASTIK” with the word “New” added insignificantly above the mark.

Noting that the petitioner was the prior user of the mark since 1998, the Court held that the facts pleaded in the plaint remained uncontroverted and warranted relief.

"In view of the strong prima facie case, balance of convenience, and irreparable injury, the petitioner is entitled to protective reliefs", the court said granting injunctive and other reliefs to the rice mill.