Authority: High Court of Punjab and Haryana at Chandigarh

Order Date: 15 July 2026

Case Overview

  • Parties: Plaintiff Gujarat Cooperative Milk Marketing Federation Ltd (plaintiff) vs. Modern Dairies Ltd and another (respondents).
  • Revision petition CR-2708-2023 (O&M) filed under Article 227 of the Constitution challenging the Commercial Court, Karnal order dated 12 January 2023.
  • The Commercial Court had dismissed the respondents' application under Order VII Rule 11 CPC seeking rejection of the plaint in suit CS‑01‑2021 ("Modern Dairies Ltd. vs Gujarat Cooperative Milk Marketing Federation Ltd. & Another").
  • The plaint alleged infringement of the registered trademark "Mehak Pyaar Ki Swaad Khushiyo Ka" and passing‑off of the slogan "Swaad Khushiyo Ka" used since 2011.
  • Respondents argued the plaint did not disclose a cause of action because the alleged infringing expression "Apne Pariwar ko Dijiye Khushiyo ka Swaad" was only a part of the registered mark, invoking Section 17 of the Trade Marks Act, 1999.
  • Counsel for plaintiff: Mr. Abhishek Singh and Mr. Arnav Sood; counsel for respondents: Ms. Savita Bhandari.

Court Reasoning

  • The Court held that the scope of Order VII Rule 11(a) CPC is limited to whether the plaint, on its face, discloses a triable cause of action; merits and evidential issues are not to be considered at this stage.
  • The plaint contains specific averments of prior use, goodwill, and deceptive similarity concerning the tagline "Swaad Khushiyo Ka", which constitute a cause of action for passing‑off independent of the registered trademark.
  • Section 17 of the Trade Marks Act does not preclude a passing‑off claim; it is a substantive defence to be examined at trial, not a ground for rejecting the plaint.
  • Supreme Court precedents were cited, emphasizing that a plaint cannot be rejected merely because it may ultimately fail.
  • Consequently, the Commercial Court's order dismissing the Order VII application was correct; no jurisdictional error or perversity was found.

Final Outcome

  • The revision petition is dismissed; the order of the Commercial Court, Karnal dated 12 January 2023 stands, and the suit will proceed to trial.

Topics: Trademark Infringement, Passing‑off, Civil Procedure