Learned counsel for the plaintiffs states that the plaintiffs' issued a cease and desist letter dated 12"' December, 2016 to the defendant nos. 1 to 4andvide reply dated 29"' December, 2016, the defendant nos. 1 to 4 responded refusing to comply with the plaintiffs' demands stating that their mark is different from the plaintiffs‟. He states that since the plaintiff no. 1 suffered a severe illness, he could not follow up on the defendant nos. 1 to 4's activities, however on 13''' November, 2017, the defendant no.1's trademark application was declared abandoned on account of non-prosecution. He states that post recovery of his illness, upon gaining knowledge of the defendant nos. 1 to 4's attempt to revive their trademark application, operation of the website ww.newnizams.com, that they were listed on various online food portals such as Zomato, Swiggy, Food Panda etc. as well social media websites and expansion to more locations in Gurugram, the plaintiff no.1 issued afresh cease and desist letter dated 24th April, 2018 to the defendants. He states, till date, no response has been received. Learned counsel for the plaintiffs states that the mala fide intent of the defendant nos. 1 to 4 is apparent by the manner in which they have given prominence to the word 'Nizam's' in their logo with the words 'New' and 'Kababs and Biryani' being nondistinctive and being depicted in negligibly small font.
