ROHTAS GOEL Vs. SOMAY NAYAK

JUDGEMENT

(1.) This is a suit for permanent injunction and damages. Plaintiff No.1 Rohtas Goel is the Chairman and Managing Director of plaintiff No.2 M/s Omaxe Construction Ltd., which is a company engaged in real estate development and construction of buildings, roads, bridges, malls, shops, etc. It has been alleged that the plaintiffs adopted "Omaxe" as a part of their corporate name and their services in the year 1989 and have been conducting their business activities, using that trade name. The plaintiffs have developed a number of projects, consisting of apartments and villas, including Omaxe Plaza Wedding Mall, Omaxe Green Valley, Omaxe NRI City, Omaxe Arcade, Omaxe Heights and Omaxe City. Omaxe has thus become a well-recognized name in the field of real estate, is a coveted property of the plaintiffs and is entitled to highest degree of protection. The plaintiffs claim to be proprietor of mark "Omaxe" in several classes including class 19, and class 37 (which pertains to building construction; repair and installation services). The registration under class 37 had been applied for when the suit was filed but, is stated to have been granted during pendency of the suit. According to the plaintiffs they have turnover of about Rs. 450 Crore and have invested huge amount in advertising and promoting the brand "Omaxe".

(2.) It has been further alleged that the plaintiffs came to know that a company by the name "Omaxe Real Estate

(3.) During pendency of the suit, defendants No. 4 and 5 were impleaded as additional defendants when the plaintiffs came to know about incorporation of these companies. The name "Omex" has been used in the corporate name of defendants No. 4 and 5 and these companies are also stated to have incorporated in January 2006. On enquiry with the Registrar of Companies, the plaintiffs came to know that the authorized share capital of defendants No. 3 to 5 is Rs. 1 Lac each.