Delhi High Court grants interim relief to Evergreen Sweet House in trademark case

The Delhi High Court on Monday granted interim relief to sweetshop company, Evergreen Sweet House in a trademark infringement case filed against a shop named "JV Evergreen Sweets & Treats" [Evergreen Sweet House Vs. JV Evergreen Sweets And Treats & Ors.]..Justice Amit Bansal found that Evergreen Sweet House had made out a prima facie case that the defendant (JV Evergreen Sweets & Treats), was using a name that was deceptively similar and likely to confuse customers. The Court observed that both parties sell identical products (sweets and namkeens) and prominently use the colour green in their banners and logos.The outlets of both parties were in close proximity as well. JV Evergreen has an outlet at Lajpat Nagar, which is near to the store of Evergreen Sweet House in Green Park market, the Court noted. “So, there is a very real likelihood of the customers being misled into believing that the outlet being operated by the defendant no.1 has some association with the plaintiff,” the Court observed. It, therefore, passed an interim order restraining the defendant from using 'Evergreen' for its business. The Court ordered the delisting of "JV Evergreen Sweets & Treats" from food delivery apps like Swiggy and Zomato as well. "Online delivery of food products has become the norm and food delivery apps like Zomato and Swiggy have become extremely popular ... If any unsuspecting consumer is to search for ‘Evergreen’ on these platforms, both the outlets of the plaintiff and the defendant no.1 would show up. Therefore, in my prima facie view, there is a likelihood of confusion and deception among the members of the public," it explained. .The defendant was ordered to take down any of its listings with the 'Evergreen' mark on such apps within two weeks. If this is not done, the food delivery apps themselves are to block/ delist JV Evergreen Sweets & Treats from their platforms, the Court added. The Court also directed JV Evergreen to take-down its URLs bearing the 'Evergreen' mark within two weeks. If this is not done, Meta has been ordered to take-down or block access to the Instagram account maintained by JV Evergreen..In its December 23 order, the Court opined that the adoption of the "Evergreen" mark by the defendant did not appear to be bonafide.Justice Bansal noted that Evergreen Sweet House had begun operations much earlier, in 1963, while JV Evergreen/ defendant only started its shop in 2020. The Court pointed out that there was no reason given as to why the defendant picked a name that was so similar to that of the plaintiff's.“The defendant no.1 has failed to give any plausible reason for adopting an identical name as that of the plaintiff. Therefore, in my prima facie view the adoption of the mark ‘Evergreen’ by the defendant no.1 was not bona fide and amounts to misrepresentation,” the Court said. It found that the defendant had, prima facie, copied the most distinctive part of Evergreen Sweets House's trademark. Minor differences between the two marks were inconsequential, it added. The Court concluded that the plaintiff, Evergreen Sweet House, had successfully established a prima facie case against JV Evergreen for passing off and trademark infringement."Irreparable harm and injury would be caused not only to the plaintiff but also to the public at large if the defendant no.1 continues to use the infringing mark," the Court further said, while issuing its interim injunction order against the defendant..Advocates Sidhant Kumar, Rakshit Dhingra, Manyaa Chandok and Om Batra appeared for Evergreen Sweet House.Advocates Ashutosh Lohia, Shraddha Bhargava, Rohit Saraswat, Sharan Mehta, Rishika Jain and Princey Sharma appeared for JV Evergreen.Advocates Abhay Pratap Singh and Mitali appeared for Bundl Technologies (Swiggy). Advocate Varun Pathak appeared for Meta..[Read order]