Trademark suit: Court restrains Rebel Foods from using ‘Honest’ as prefix

Ahmedabad: A commercial court here has temporarily restrained the cloud kitchen company Rebel Foods Pvt Ltd from using the prefix ‘Honest' in its city-based delivery-focused restaurant chain Honest Bowl. The directive was issued on Friday after The Honest Reveira, a famous local restaurant brand, alleged infringement of its registered trademark.Plaintiff Honest Reveira filed a suit against Rebel Foods seeking permanent injunction and other reliefs, including restraint against trademark, device mark and copyright infringement, unfair trade practices, dilution and delivery-up with respect to the trademark ‘Honest Bowl'. The plaintiff raised objection to the use of the prefix Honest in the trade name. The plaintiff claimed use of the trademark ‘Honest' since 1976 and placed on record multiple registrations, including in Class 43 for restaurant services. It also cited international registrations in several countries and stated that its sales figures amounted to Rs 41.9 crore. It operates 25-30 branches in Ahmedabad and has outlets in India and abroad. The plaintiff's advocate, Zahid Shaikh, submitted that Rebel Foods had applied for the marks "The Honest Bowl" in Feb 2021 and "Honest Bowl" in May 2021, both on a "proposed to be used" basis. Honest Reveira had opposed both applications before the trademark registry. The lawyer also submitted that in response to a cease-and-desist notice given to Rebel Foods twice, it said that the word "Honest" is a dictionary word and descriptive. But the adoption of the word ‘HONEST' and its image shows that it is an imitation of the plaintiff's trade name's style, and it is in the same field to attract consumers at large by convincing them that the services are provided by the plaintiff. After hearing the plaintiff, the commercial court in its prima facie assessment held that Rebel Foods' use of ‘HONEST' as a prefix was identical and deceptively similar to the plaintiff's mark and likely to cause confusion among consumers. "Thus, considering the facts and circumstances of the case as well as after going through the documentary evidence produced on record by the plaintiff, it appears that the interest of the plaintiff is required to be protected to some extent, till next returnable date." The court issued a show-cause notice to Rebel Foods seeking its reply by April 13.