Summary
The Supreme Court upheld a modified interim arrangement allowing the defendants to use MALABAR with BAROMA on a substantially different rice label. The plaintiff’s registration expressly disclaimed exclusive rights in MALABAR. The defendants’ registration application could continue subject to the suit, with all contentious issues reserved for final adjudication.
Issues
- Whether the modified interim permission to use MALABAR with BAROMA warranted interference.
Held
- The express registration disclaimer prevented the plaintiff from claiming exclusive use of MALABAR. Other class 30 registrations containing that word also carried disclaimers. (¶¶ 6, 7)
- The modified labels appeared substantially different. The High Court appropriately balanced the parties’ interests by permitting MALABAR with BAROMA in the approved get-up, subject to its font conditions. (¶¶ 4, 8)
- The defendants could pursue registration subject to the suit’s outcome. The Court declined to decide the parties’ remaining contentions so as not to prejudice the pending proceedings. (¶¶ 9, 10)
Result
Appeal dismissed; modified interim arrangement stands. MALABAR must accompany BAROMA in the same font, with MALABAR’s size no more than 25% larger. All contentious issues left open in the suit. No costs.