ARPITHADEEPAM Vs. DEEPAM SILK INTERNATIONAL

JUDGEMENT

(1.) This appeal is filed by the defendant in the suit in O.S.No.5379 of 2012 on the file of the XVIII Additional City Civil Judge, Bengaluru (for short, Trial Court'), impugning the judgment and decree dated 27.10.2016. The Trial Court, by the impugned judgment, has decreed the suit in O.S. No.5379 of 2012 instituted by the plaintiff-respondent for permanent injunction restraining the appellant from 'passing off' and infringing the plaintiff - respondent's registered trade mark and trading style 'Deepam' by using 'Deepam' prefixing 'Arpitha', and for a direction to the defendant to surrender its entire stock and accounts.

(2.) For convenience, the parties to this appeal are referred to as they are arrayed before the Trial Court.

(3.) The plaintiff is a registered partnership firm carrying on business in manufacture and sale of silk sarees, dress materials and readymade garments under the registered trade mark 'Deepam'. The plaintiff has obtained registration of its trade marks, 'Deepam, 'Deepam Silk International', etc.' under the provisions of Trade Marks Act, 1999. The defendant, a proprietary firm, is infringing the plaintiff's established and registered trade mark using a deceptively similar trade mark using the word 'Deepam' prefixing 'Arpitha'. The defendant has recently opened a shop under the name and style 'Arpithadeepam marketing pure silk mark sarees and similar materials. The plaintiff has caused the legal notice dated 22.09.2010 to the defendant calling upon the defendant to desist from using the deceptive and offending trade mark 'Arpithadeepam', but the defendant has got issued Reply dated 4.10.2010 refusing to comply with the demand. Therefore, the plaintiff is constrained to file the suit in O.S No.5379 of 2012 for permanent injunction restraining the defendant from 'passing off' and infringing the plaintiff's registered trade mark and trading style 'Deepam' by using 'Deepam' prefixing 'Arpitha' which is deceptively similar, and for a direction to the defendant to surrender its entire stock.