Trade Mark: M/S KG MARKETING INDIA vs MS. RASHI SANTOSH SONI & ANR

Case Background:

1. Plaintiff: M/s KG Marketing India, represented by its proprietor, Mr. Karan Kumar.

2. Defendants: Ms. Rashi Santosh Soni and Mr. Santosh Soni.

3. Suits Filed:

• CS(COMM) 18/2023 filed by KG Marketing on January 10, 2023.

• CS(COMM) 477/2023 filed by the Defendants on July 15, 2023.

Claims by KG Marketing:

• KG Marketing claimed to be the prior user of the mark/label ‘SURYA GOLD’ since 2016.

• KG Marketing sought an injunction to restrain the from using the impugned mark/label.

• The plaintiff sought the delivery up of all counterfeited products bearing the impugned trade mark for destruction and erasure​​.

Claims by Defendants:

• The Defendants claimed to be the prior adopters of the mark/label ‘SURYA GOLD’ for tower fans since 2014.

• They sought an injunction against KG Marketing from infringing on their design rights and using the mark ‘SURYA GOLD’​​.

Court Proceedings:

• KG Marketing filed for an injunction against the use of their mark ‘SURYA GOLD’ by the Defendants.

• In response, the Defendants claimed prior usage and sought to restrain KG Marketing from using the mark ‘SURYA GOLD’ and infringing their design rights.

• During the proceedings, the proprietor of KG Marketing consented to withdraw the suit and vacate the ex-parte injunction​​.

Sales and Marketing:

• KG Marketing claimed to have an expansive network of dealers, distributors, and stockists across India.

• Sales data for five fiscal years showed a peak in sales during 2019-2020 at ₹8,31,88,268.00/-. In the year 2021-22, sales figures were ₹2,15,33,737.00/-​​.

Advertising:

• KG Marketing's projects were advertised in various newspapers​​.

The document primarily details the legal conflict between KG Marketing and the Defendants over the usage and rights to the mark ‘SURYA GOLD’, including claims of prior usage, injunction requests, and sales data to support their claims.

BNSS or Crpc:

Section 531:

(1) The Code of Criminal Procedure, 1973 is hereby repealed.

(2) Notwithstanding such repeal—

(a) if, immediately before the date on which this Sanhita comes into force, there

is any appeal, application, trial, inquiry or investigation pending, then, such appeal,

application, trial, inquiry or investigation shall be disposed of, continued, held or

made, as the case may be, in accordance with the provisions of the Code of Criminal

Procedure, 1973, as in force immediately before such commencement (hereinafter

referred to as the said Code), as if this Sanhita had not come into force;

(b) all notifications published, proclamations issued, powers conferred, forms

provided by rules, local jurisdictions defined, sentences passed and orders, rules and

appointments, not being appointments as Special Magistrates, made under the said

Code and which are in force immediately before the commencement of this Sanhita,

shall be deemed, respectively, to have been published, issued, conferred, specified,

defined, passed or made under the corresponding provisions of this Sanhita;

(c) any sanction accorded or consent given under the said Code in pursuance

of which no proceeding was commenced under that Code, shall be deemed to have

been accorded or given under the corresponding provisions of this Sanhita and

proceedings may be commenced under this Sanhita in pursuance of such sanction or

consent.

(3) Where the period specified for an application or other proceeding under the said

Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita

shall be construed as enabling any such application to be made or proceeding to be

commenced under this Sanhita by reason only of the fact that a longer period therefor is

specified by this Sanhita or provisions are made in this Sanhita for the extension of time

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