Bisk Farm secures injunction against Parle Biscuits in trademark dispute

The Calcutta High Court has granted an ex-parte injunction restraining Parle Biscuits from selling and marketing their new biscuit product under the brand name 'Top Gold Star', following Bisk Farm (SAJ Food Products Pvt. Ltd) securing an injunction against Parle Biscuits in a trademark dispute.

Bisk Farm adopted the mark 'Top Gold' for one of its biscuits in 2005 and secured statutory protection through trademark and copyright registrations, becoming the only entity registered and/or applied for the mark before the Trademark Registry.

However, it was recently noticed that Parle launched a new product in the same category under the name 'Top Gold Star'.

On July 19, 2024, Justice Krishna Rao passed a stay order restraining Parle from selling and marketing their product under the 'Top Gold Star' brand name until August 27, 2024.

Vijay Singh, Managing Director, Bisk Farm said, “We have a distinguished history of introducing distinct biscuits, each marked by its own unique identity, all of which have been well-received by consumers. We are determined to protect our intellectual property rights and brand integrity."

The Order read, "This Court finds that the petitioner has made out a prima facie case and balance of convenience and inconvenience is in favour of the petitioner. This Court also finds that if at this stage ad interim order is not passed, the business of the petitioner will suffer irreparable loss and injury as the respondent using the mark of the plaintiff 'Top Gold' and 'top Goldstar' identical to the mark of the petitioner.