India Gate Wins Trademark Infringement Case Over Bharat Gate

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Recently, the Delhi High Court protected a trademark. It upheld the appeal of KRBL Limited. As you might already know, KRBL Limited is the proprietor of the ‘India Gate’ brand and a well known company for basmati rice products. The decision from Delhi High Court came in a trademark infringement case. The case was in dispute against the ‘Bharat Gate’ rice brand. 

Case Background for India Gate Trademark Infringement Case

KRBL Limited is the registered owner of the ‘India Gate’ trademark. They have had the trademark registration ‘India Gate’ since 1993.  The company thus initiated the legal proceedings against the ‘Bharat Gate’ rice. They alleged that the ‘Bharat Gate’ is infringing their trademark registration. As a result, the company sought a permanent solution to prevent the use of the ‘Bharat Gate’ name in connection with rice products. 

Earlier, in 2020, the Commercial Court issued an ex parte and interim decision in favor of KRBL Limited. The court restrained the respondents from using the ‘Bharat Gate’ trademark for rice or related products. 

However, in 2024, upon final adjudication, the Commercial Court changed the decision and ‘Bharat Gate’ continued to use its brand name. As a result, KRBL Limited appealed this decision to the Delhi High Court. 

High Court’s Analysis and Decision in India Gate Trademark Case

  • The Division Bench, comprising Justice C. Hari Shankar and Justice Ajay Digpaul, observed that the trademarks ‘India Gate’ and ‘Bharat Gate’ are phonetically similar. Furthermore, both employ synonyms for the country and the term ‘Gate.’ 
  • The court figured out in analysis that this similarity is likely to cause confusion among consumers which will lead them to associate the two brands erroneously.

Furthermore, the court also recognized the fact that the assessment of trademark infringement depends on the perspective of an average consumer. Thus, there is a possibility of confusion while buying rice with brand names ‘Bharat Gate’ and ‘India Gate’ for the average customer. 

Read Also:  How to check if your brand logo has been copied?

Lastly, the court pointed out that the ‘Bharat Gate’ packaging used an image of the India Gate monument that is similar to KRBL Limited’s ‘India Gate’ brand. As a result, the court announced it is a clear attempt to mislead customers and take advantage of the well-known reputation of the ‘India Gate’ brand.

Conclusion

In conclusion, The Delhi High Court ruled in favor of KRBL Limited, overturning the lower court’s decision. This judgment highlights the importance of trademark registration and ensuring fair use of intellectual property.

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