Dhariwal faces trouble over trademark

Mumbai, Apr 13 (UNI) In a major development, the Bombay High Court has disposed off a petition filed by pan-masala czar Rasiklal Dhariwal, makers of 'Manikchand' brand against business rival, Kishore Washwani, who runs the popular 'Malikchand' brand of the same product, over a dispute arising out of trademark infringement.

On Wednesday, a division bench, comprising R M S Khandeparkar and Justice D G Karnik disposed off the appeal as infructuous giving a jolt to Dhariwal, who is already facing trouble because of a CBI case against him for his alleged nexus with the underworld in the infamous case involving him and another business rival Jagdish Joshi of Goa Gutka brand.

This means that because of the dispute with MSS Foods Products, Madhya Pradesh, and as directed by the Mandaleshwar court, Indore, Dhariwal, will not be able to use the 'Manikchand' brand because of the dispute with 'Malikchand'. The latter claimed that they have been using the brand name since the last several decades.

Striking similarities in brand name has led both the groups to take the battle to court. MSS Foods from MP, manufacturing 'Malikchand' guthka, had filed a suit in a district court in Mandaleshwar, whereas a suit filed by Dhariwal Group, manufacturing and selling 'Manikchand' guthka, has been pending before Special court of the Bombay High Court.

While allowing an application from Wadhwani of MSS Foods, Special court of Justice D K Deshmukh had stayed the proceedings of the suit, as similar suit, between similar parties, instituted earlier was pending before Mandaleshwar District Court.

The other warring faction, Dhariwal group had filed an appeal against the order dated December 15, 2006, before the division bench of Justice R M S Khandeparkar and Justice D Y Chandrachud. The division bench has dismissed the appeal as it was informed that the suit before Mandaleshwar court has already been decided.

The Mandaleshwar court has held that Dhariwal group has no right to manufacture, advertise and sell any product like supari, panmasala, jarda, mix supari, guthka etc under the brand name Manikchand and by way of permanent injunction, restrained Dhariwal group from using its popular brand of 'Manikchand'.

The court has also directed Dhariwal group to submit accounts of profit between financial years 2001 and 2004 within two months, as the court has held MSS Foods eligible for share in profits of Dhariwal group.

It may be recalled, MSS Food Products, which markets its gutka under the name 'Malikchand', had moved the Mandaleswar District Judge in Madhya Pradesh seeking to restrain Dhariwal Industries from using the name 'Manikchand' as it was deceptively similar to its own brand name 'Malikchand'.

By an interim order, the District Judge restrained the Dhariwal Industries from using the name 'Manikchand' for its gutka after MSS Food Products showed that it was using the name 'Malikchand' much before the 'Manikchand' brand name was registered.

The Dhariwal industries had challenged the restrain order before the Indore Bench of the Madhya Pradesh High Court which had upheld the restrain order. The MP based company had pointed out that they have been using the brand since 1961 in respect of several goods like tea, packaged drinking water, electric switches, mouth fresheners and tobacco preparations.

UNI