The Calcutta High Court has restrained Parle from selling and marketing products under the brand name ‘TOP GOLD STAR’, a ruling favouring the SAJ Food Products‘ Bisk Farm brand.
Bisk Farm adopted the ‘TOP GOLD’ mark for one of its products in 2005. Parle recently launched a new biscuit product under ‘TOP GOLD STAR’. The Calcutta High Court in July restrained Parle from selling and marketing their product under the ‘TOP GOLD STAR’ brand name until August 27, 2024.
Bisk Farm adopted the mark ‘TOP GOLD’ for one of its biscuits in 2005 and secured statutory protection through trademark and copyright registrations. Parle recently launched a new biscuit product under the name “TOP GOLD STAR.”
On 19th July 2024, Hon’ble Justice Krishna Rao passed a stay order restraining Parle from selling and marketing their product under the ‘TOP GOLD STAR’ brand name until 27th August 2024.
“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 GOLD STAR identical to the mark of the petitioner,” the HC order read.
The case will next be heard on August 27.
Vijay Singh, Managing Director, 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 which has been carefully built over two decades by our late founder K.D.Paul. We are thankful to the honourable court for issuing an ex-parte protective order against this action of trademark infringement by Parle.”
