N.Jayakumar v. N.Balasaraswathy
Case brief
What is this about?
The court vacated an interim injunction restraining the respondent from using the trading style "Vasantha Bhavan." While acknowledging the applicant's trademark registration, the court noted the respondent's prior user dating back to 1983 and connections to the trademark's founder, finding no ground to maintain the injunction. However, the respondent was directed to remove the legend "V" to preven
What did the court decide?
Interim injunction vacated; respondent directed to remove legend "V" above "Vasantha Bhavan" within thirty days.
What the court decided
A.Nos.567 and 568 of 2022 in CS.(Comm.Div.)No.190 of 2022
C. SARAVANAN, J.,
The applicant/plaintiff secured an exparte injunction from this Court on 02.09.2022 in both the applications for interim order to restrain the respondent from using the offensive trademark and their style "Vasantha Bhavan" interms of prayers in the respective applications.
- The prayers in the respective applications reads hereunder :-
(i) A.No.567 of 2022 is prayed to grant an order of Interim injunction restraining the defendant/respondent, their men, servants, agents or anyone claiming through or under them from in any manner infringing the plaintiff/applicant Trade Mark and Trading style "VASANTA BHAVAN" by using the offending Trade Mark and Trading style "VASANTHA BHAVAN" or any other mark or marks which are similar or in any way deceptively similar to or a colorable imitation of the plaintiff's/applicant's Trade Mark "VASANTA BHAVAN".
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(ii) A.No.568 of 2022 is prayed for prayed to grant an order of Interim injunction restraining the defendant/respondent, their men, servants, agents or anyone claiming through or under them from in any manner passing-off the plaintiff/applicant Trade Mark and Trading style "VASANTA BHAVAN" by using the offending Trade Mark and Trading style "VASANTHA BHAVAN" or any other mark or marks which are similar or in any way deceptively similar to or a colorable imitation of the plaintiff/applicant Trade Mark "VASANTA BHAVAN".
Issues for consideration
2 issues framed by the court
Whether the interim injunction granted against the respondent for using the style "Vasantha Bhavan" should be continued in light of the respondent's prior use of the mark since 1983.
Whether the adoption of the legend "V" above the word "Vasantha Bhavan" by the respondent creates a likelihood of association with the applicant's registered trademark.
Parties & counsel
- applicant
Applicant/Plaintiff
- respondent
Respondent/Defendant
Coram
C. SARAVANAN
Case details
As recorded by the court registry
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