VARDHMAN PROPERTIES LTD Vs. VARDHMAN DEVELOPERS

JUDGEMENT

(1.) The plaintiff in the suit, claims permanent injunction to restrain the defendant from using its name and trademark "VARDHAMAN GROUP" and "VARDHAMAN". The plaintiff also seeks other consequential reliefs, such as compensation, decree for accounts, and so on.

(2.) The plaintiff says that its associate companies are known as the VARDHAMAN GROUP, and are real estate developers, engaged in that business, since 1982; it is submitted that the plaintiff company and its associates are involved in building projects; in the Delhi and NCR region, the group is involved in building projects, including malls, plazas, commercial complexes, etc. According to the averments, the projects are about 250 in number. It is also stated that the trademark registration for the VARDHAMAN GROUP and logo under the Trademarks Act (hereafter "the Act") were applied for by the plaintiff, on 18- 9-1998 and 2-7-2000; the marks were registered on 21-4-2005 and 11-1-2005; the plaintiff relies on copies of registration certificates, issued in this regard, by the Trademark Registry, for the purpose.

(3.) The plaintiff claims to becoming aware of the defendant company recently, through advertisements issued on the latter's behalf, in the print media, and that it was incorporated only recently, in October, 2005, with an authorized capital of Rs. 20 lakh and paid up capital of Rs. 1 lakh. The plaintiff submits that the use of VARDHAMAN, by the defendant, in relation to its business, which is the same as its (the plaintiffs) not only is likely, but actually causes confusion amongst members of the public, leading to their being deceived into believing that the defendant is part of the plaintiff's group. The plaintiff submits that the defendant's use of VARDHAMAN, both as its trade or corporate name, as well as for its logo, as a mark, amounts to infringement.