Bombay HC Allows Continuance Of Interim Relief To 'Haji Ali Juice Centre' In Trademark Infringement Suit

A Single Judge Bench of Justice Manish Pitale of the Bombay High Court has refused to vacate the interim relief granted in a trademark infringement suit to the owner of the Haji Ali Juice Centre.

In 2021, the High Court passed an order granting interim relief to the plaintiff (Haji Ali Juice Centre). The owner of the juice centre had filed an infringement suit after he came across the shop of the defendant, in Vijaywada, Andhra Pradesh. The defendant was using the same logo as that of the Haji Ali Juice Centre.

Subsequently, the plaintiff and the defendant filed two applications before the High Court seeking continuance of relief and for vacating the relief respectively.

The advocate for the defendant argued that the plaintiff had suppressed the fact that the defendant had filed a trademark application for 'Haji Ali Fresh Fruit Juices' and that the plaintiff cannot claim trademark or exclusivity over the word 'Haji Ali' as it is publici juirs.

The advocate for the petitioner argued that because the mark was being used by another defendant in Kerala, it does not prove that there is a direct link between the establishment. He also argued that there is no substance in the argument that 'Haji Ali' is publici juris since the defendant himself had applied for registration of a trademark.

The bench while refusing to vacate the relief noted that:

"Apart from this, it is found that there is indeed substance in the contentions raised on behalf of the plaintiff as regards the aspect of the acquiescence, adoption of essential features of the registered trade mark of the plaintiff and the inapplicability of the concept of publici juris in the facts of the present case. It must be remembered that the plaintiff has placed on record documentary material to show that its word mark and also the label consisting of the device of the red apple, are registered in favour of the plaintiff and a bare look at the mark being used by the defendants shows that the same is prima facie identical and deceptively similar to the registered marks of the plaintiff".

The High Court was satisfied that the plaintiff had made out the case for continuation of interim relief and it noted that:

"As noted above, this Court, while granting ex-parte ad-interim reliefs by order dated 07.06.2021, specifically noted that the plaintiff is claiming exclusivity as regards the combination of the words ‘HAJIALI JUICE CENTRE’ with the device of the red apple, thereby showing that the concept of publici juris is inapplicable. In any case, the defendants themselves having applied for registration of their mark consisting of the words ‘Haji Ali,’ shows that they are blowing hot and cold at the same time. In this backdrop, this Court is of the opinion that the plaintiff has indeed made out a case in her favour for continuation of the ad-interim reliefs in the interest of justice."