In Brief
The appellant Parakh Vanijya Private Limited challenged the High Court's order allowing the respondents to use the word 'MALABAR' with their mark 'BAROMA' for selling Biryani Rice, claiming exclusive trademark rights. The Supreme Court dismissed the appeal, holding that the appellant's registered trademark contained a disclaimer denying exclusive rights to the word 'MALABAR'. Therefore, the appellant could not claim monopoly over this term. Comparing the parties' labels, the Court found no deceptive similarity between them due to their substantially different visual presentation and get-up. The respondents were accordingly entitled to use the modified label.
The lawyer headnote and full judgment text are available to registered users.