In the nearly nine month long conflict between a well known bakery product brand from Udaipur, Star Bread and Mahalaxmi Food Products, Udaipur Commercial Court has taken cogniscance of contempt of court against Udaipur based Mahalaxmi Food Products and have given intructions to the Food Safety Officer to abide by its order.
The bench of Judge Shivani Johri Bhatnagar of Udaipur Commercial Court, in its order dated 31 August 2022 instructed the Food Safety Officer, Udaipur to search the premises of Mahalaxmi Food Products at Madri and confiscate all wrappers which indicate forgery of the brand “Star Bread”. The confiscated material has to be destroyed and the Food Safety Officer has to present the report in Court.
The Case of tarnishing the image of a renowned brand of Udaipur
“Star Bread” the renowned bread brand of Udaipur is owned by the petitioner M/s Star Food Products of Udaipur. M/s Mahalaxmi Food Products of Udaipur, as per the petition was allegedly branding and marketing/selling its bakery products under the brand of “Star Bread”, which was tarnishing the image of the renowned brand.
On the representation by the petitioner M/s Star Food Product of alleged forgery of its brand name, the Commercial Court, in its order dated 11 November 2021 had restricted the defendant M/s Mahalaxmi Food Products to discontinue marketing/selling its products under the brand “Royal Star”, which as per the petitioner was a forgery of its original trade mark “Star Bread”.
Despite the courts order in November 2021, M/s Mahalaxmi Food Products continued to manufacture and market its products with the brand “Royal Star”. Taking note of this, Ms/ Star Foods submitted a, interim request of Contempt of Court in the Udaipur Commercial Court.
After a detailed hearing of both sides, the presiding Judge Shivani Johri Bhatnagar took cogniscance of contempt of court against Mahalaxmi Food Products and instructed the Food Safety Officer to inspect the premises of Mahalaxmi Food Products. If the FSO came across any collateral or marketing material or wrappers bearing the name “Royal Star” and found similar to the name and trade mark logo of “Star Bread”, the same is to be confiscated and destroyed on the spot. The presiding officer instructed the Food Safety Officer to submit a report subsequent to this inspection.