Hc Rules In Favour Of British India

The Delhi High Court has confirmed the interim injunction granted earlier against Dhariwal Woollen Textile Mills of Punjab in a suit filed by British India Corporation.

The trade mark, Dhariwal, with the picture of a lamb has, over the years, acquired tremendous goodwill and reputation for shawls and other woollens, submitted British India counsel Man Mohan Singh.

One of the defendants in the present case is a former employee of British India and has been time and again trying to copy its trade marks. In 1992, British India took an undertaking from him. However, the defendants did not stop their activities. In 1994, the defendants applied for the registration of the trade mark, Dhariwal, which was opposed by British India. However, the order was passed in favour of the defendants. British India then filed an appeal seeking injunction against infringement of its trade mark and passing off. The Delhi High Court had granted an interim injunction which has now been confirmed by Justice OP Dwivedi.

British India Corporation has been using several trade marks including Vaishali, Alaknanda, Dhariwal and Neelgiri for Lohies, shawls and other woollens.