Allowed

Kalpataru Properties Limited and Property Solutions (India)Private Limited v. Kalpataru Hospitality and Facility Management Services (P) Limited

Bombay HC21 Sept 2013S/2976/2010

Case brief

AI extract

What is this about?

In a trademark infringement suit, the defendant ceased using the 'Kalpataru' name and had no intention to resume. The court decreed the suit, granting perpetual injunctions restricting future use of the word. The defendant was allowed to complete statutory name-change formalities within six months without plaintiff objection.

What did the court decide?

Injunctions granted restraining the defendant from using 'Kalpataru' or similar marks in its corporate or trading name, subject to a six-month deadline for name-change formalities.

Kalpataru Properties Limited and Property Solutions… — Intellectual Property | Bombay HC (2013)

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S.2976.2010.912.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 2976 OF 2010

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Kalpataru Properties Private Limited and Anr. :- Plaintiffs versus Kalpataru Hospitality and Facility :- Defendant

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Mr. Amit Jamsandekar, i/b. M/s. V. A. Associates, for the Plaintiffs. Ms. Tanuja, i/b. Mr. Avesh Kauser and Mr. K. S. Pachoo, for the Defendant.

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CORAM :- S.J.KATHAWALLA, J. DATED :- SEPTEMBER 21, 2013

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P.C. :-

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Heard the learned Advocate for the parties. By consent,

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following order is passed.

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(i) Since the Defendant has stopped using the name “Kalpataru” as a part of its business name and have no intention to use the name “Kalpataru” as a part of its business name or otherwise, the Suit is decreed in terms of prayer clauses (a) and (b), which reads thus:

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“(a) that the Defendant by itself, its servants and agents and all persons claiming under it be restrained by a perpetual order and injunction of this Hon'ble Court from using in relation to its business or services the mark “Kalpataru's” or any other deceptively similar mark or the word “Kalpataru” or any other deceptively similar word as a part of its corporate name or trading style so as to infringe the Plaintiffs' registered trade marks bearing Nos. 1213736 and/or 1213737 and/or 1262206 and/or 1262207;

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Page 1 of 2

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J.V.Salunke,PA

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S.2976.2010.912.doc

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(b) that this Hon'ble Court be pleased to restrain by a perpetual order and injunction the Defendant by itself, its servants and agents and all persons claiming under it from using in relation to its business or services the impugned trade mark “Kalpataru's” or any other deceptively similar trade mark and/or the word “Kalpataru” or any other deceptively similar word as part of its trading name and/or corporate name or tading style so as to pass off or enable others to pass off the Defendant's services and/or business as that of the Plaintiffs and/or some way connected with the Plaintiffs;”

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(ii) It is clarified that the Defendant has, for the purpose of getting its name changed, made Applications to the Statutory Authorities under its earlier name “Kalpataru Hospitality and Facility” and the Plaintiffs shall not object to the said Defendant making any further Application under its earlier name strictly for the purpose of getting its earlier name changed to the present name. However, all such formalities shall be completed by the Defendant within a period of six months from today.

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(iii) In view of this order, the Plaintiffs are not claiming any costs or damages. The Suit is accordingly disposed of. Refund of Court fees, if any, as per rules.

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(iii) The original documents submitted by the Plaintiffs shall be handed over to them upon them submitting the Photostat copies of the same certified as true copies by the Advocate for the Plaintiffs.

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(iv) Contempt Petition No. 86 of 2011 stands withdrawn.

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(S.J.KATHAWALLA, J.)

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Page 2 of 2

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J.V.Salunke,PA

Kalpataru Properties Limited and Property Solutions (India)Private Limited v. Kalpataru Hospitality and Facility Management Services (P) Limited

Case brief

What is this about?

What did the court decide?

Kalpataru Properties Limited and Property Solutions (India)Private Limited v. Kalpataru Hospitality and Facility Management Services (P) Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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