In a recent dispute between
The plaintiff inter alia submitted that
The plaintiff is the registered proprietor of 'TIMES', 'TIMES PRO', '
Further, the plaintiff submitted that despite a legal notice and a cease and desist notice sent by the plaintiff calling upon the defendants not to use the impugned mark for real estate business, the defendants have continued with the company and have chosen not to respond to the notice. The use of the mark by the defendants aims to encash the formidable and stellar reputation of the plaintiff's trademarks. It is leading to irreparable harm and injury to its reputation as well as blurring of the trademarks. Therefore, the plaintiff applied to permanently restrain the defendants from using the mark "TIMESPRO CONSULTING" and its formative marks and pay legal costs to the plaintiff. The defendants failed to appear before the Court and file the written submissions.
On
The Order of the
Pursuant to the order dated
- The defendants, its partners, assignees in business, licensees, its franchisees and all persons claiming right through them are permanently injuncted from using the mark, trade name, domain name, email and on social media platforms in any manner or any other trade mark, tradename, domain name which is identical or similar to the plaintiff's trademarks "TIMES", "TIMESPRO", "
TIMES PROPERTY " and TIMES formative marks in relation to any business, services, goods, domain name, email and all social media platforms or in any manner whatsoever amounting to infringement of plaintiff's registered trademarks. - The defendants, its partners, assignees in business, licensees, franchisees and all persons claiming right through them are permanently injuncted from using 'TIMESPRO CONSULTING' as a mark, trade name, domain name, email and on all social media platforms, in any manner or any other trade mark, trade name, domain name which is identical and similar to the plaintiff's trademarks TIMES, TIMESPRO,
TIMES PROPERTY and TIMES formative marks in relation to any business, services, goods, domain name, email and social media platforms or in any manner whatsoever amounting to passing off of the defendant's business and services as those of the plaintiff. - Decree of mandatory injunction is also passed directing the defendants to surrender in favour of the plaintiff, the domain name "timesproconsulting.com" and email address "timesproconsulting@gmail.com" and/or any other domain name/email containing the mark which is identical or deceptively similar to plaintiff's marks and its formative marks; or in the alternative to deactivate such domain names and email addresses.
In conclusion, the Court observed that using the mark "TIMES PRO CONSULTING" by the defendants amounts to infringement of the plaintiff's registered trademarks, passing off the defendant's business and services. The domain names and emails adopted by the defendants are identical or deceptively similar to the plaintiff's marks and their formative marks. Consequently, the permanent injunction order was passed against the defendants, and the defendants have also been directed to pay legal costs of
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Mrs
LexOrbis
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E-mail: manisha@lexorbis.com
URL: www.lexorbis.com
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