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Delhi High Court Issues Ex-Parte Interim Injunction On Piruz Khambatta’s Plea Against Unauthorised Use Of ‘Rasna’
The Delhi High Court recently issued an ex parte ad interim injunction in favour of Piruz Khambatta, Chairman of Rasna Group and Ambassador of the government’s Make In India initiative, on his plea against Franchise India Brands Limited.
The pan Asia franchise solution provider has been restrained from infringing the trademark ‘Rasna’— a soft drink concentrate brand since the year 1972, or franchising outlets under the ‘Rasna Buzz’ name.
Piruz claims that his company had entered into a franchisee distribution agreement with Franchise India but the latter failed to clear payments for franchise fees and royalties and exhibited lack of transparency in revenue reporting.
It is further alleged that Franchise India continued to distribute ‘Rasna Buzz’ franchisee, despite expiry of the Work Order issued to it.
Noting that the brand associates with edible items, the Court said it has to be cautious and it cannot allow Franchise India to pass off their products as that of Rasna’s, since it may confuse the members of the trade and also of the general public involved.
It added, “the defendants, though were licensee of the plaintiffs for promotion of their brands and expansion of their business, however, even after expiry of the said Work Order dated 30.10.2018 the defendants kept on soliciting clients/ people using the marks of the plaintiffs without even paying the fees as per their agreement, which shows clear mala fides on their part.”
As such, the Court restrained Franchise India from dealing in Rasna trademark and also issued them summons on the main suit, returnable on August 11.
Appearance: Mr. Saif Khan, Mr. Shobhit Agarwal, Ms. Meghana Kudligi and Mr. Prajjwal Kushwaha, Advocates for Plaintiff
Case title: Mr. Piruz Khambatta & Anr. v. Franchise India Brands Limited & Anr.
Case no.: CS(COMM) 454/2025
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