Authority: High Court of Karnataka at Bengaluru
Order Date: 25 June 2026
Case Overview
- Appellants: M/S. Burnt Toast, a retail store operated by Trent Limited (registered office Mumbai) represented by authorized signatory Sanket Dighe.
- Respondent: Ms. Riddhi Bisani, proprietress trading as M/S. The Burnt Toast, located Chennai.
- The appeal (Commercial Appeal No. 302 of 2026) challenges an ex‑parte interim injunction dated 03‑06‑2026 issued by the Additional City Civil and Sessions Judge (Commercial Court) in I.A. No.2 of Commercial Original Suit No. 830/2026.
- I.A. No.1 sought dispensation from pre‑institution mediation; I.A. No.2 sought an injunction under Order XXXIX Rules 1 & 2 read with Section 151 CPC.
- The Commercial Court had restrained Trent Ltd from using the trademark “Burnt Toast” for clothing/apparels both online and offline until the next hearing scheduled for 29‑06‑2026.
- The court observed that the injunction was based on the erroneous assumption that the respondent owned a registered trademark “Burnt Toast”; in fact, the respondent’s claim is based on passing‑off.
Final Outcome
- The Karnataka High Court allowed the appeal, set aside the interim injunction dated 03‑06‑2026, and clarified that all rights and contentions regarding I.A. No.2 remain reserved.
- The learned Commercial Court is directed to dispose of I.A. No.2 after hearing the parties.
Topics: Trademark Dispute, Injunction