Trademark dispute: Bisk Farm secures injunction against Parle Biscuits

Kolkata-based SAJ Food Products has won a trademark dispute against Parle Biscuits after the Calcutta High Court granted an ex-parte injunction restraining the latter from marketing its product under the ‘Top Gold Star’ brand name until August 27.

SAJ Food Products manufactures biscuits, snacks, and bakery products under ‘Bisk Farm’ brand name. It adopted ‘Top Gold’ as the title for a biscuit line that it launched in 2005 and secured statutory protection through trademark and copyright registrations.

Recently, Parle Biscuits launched a new biscuit product in the same category, and called it ‘Top Gold Star’. Following this, SAJ Food Products sought a court injunction in the matter.

The Calcutta High Court, on Monday, observed that the use of ‘Top Gold’ and ‘Top Gold Star’ by Parle, the respondent in this legal case, amounted to unfair practice as it is similar to SAJ Food Products’ ‘Top Gold’. It further pointed out that the use and adoption of the deceptively similar mark could cause economic injury to the petitioner and their business.

In an order, it said, “This Court finds that the petitioner has made out prima facie case and balance of convenience and inconvenience is in favour of the petitioner. This Court also finds that if, at this stage, ad interim order is not passed, the business of the petitioner will suffer irreparable loss and injury as the respondent using the mark of the plaintiff ‘Top Gold’ and ‘Top Gold Star’ identical to the mark of the petitioner.”

Commenting on the ex-parte injunction, Vijay Singh, managing director of Bisk Farm said, “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 determined to protect our intellectual property rights and brand integrity, carefully built over two decades.”  

Parle has been restrained from using or enabling others to this trademark by means of manufacturing, marketing, processing, selling, advertising, dealing with biscuits or allied products till the next hearing, which will take place on 27 August.