The Calcutta High Court has issued a restraining order against Parle Biscuits, preventing them from selling and marketing products under the ‘Top Gold Star’ brand name. This decision supports SAJ Food Products’ Bisk Farm brand.
Based in Kolkata, Bisk Farm has been using the ‘Star Gold’ mark for one of its products since 2005. Recently, Parle introduced a new biscuit product under the ‘Top Gold Star’ brand. In July, the Calcutta High Court ruled that Parle could not sell or market its product under the ‘Top Gold Star’ name until August 27, 2024.
The court order stated, “This Court finds that the petitioner has made out a 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 GOLDSTAR identical to the mark of the petitioner,”
However, the court has permitted Parle to use the ‘Top’ branding, provided they do not include the word ‘Gold’ with ‘Top’.
Source: Social Samosa
