BLING TELECOM PVT LTD Vs. MICROMAX INFORMATICS LIMITED

JUDGEMENT

(1.) The plaintiff in this suit claims a permanent injunction to restrain the defendant from using BLING as a trademark or corporate name or use of the any mark similar to it for any purpose including in its domain name. Other consequential reliefs are also sought.

(2.) The plaintiff claims to be a design house, manufacturing and selling low end, mid segment, as well as higher end mobile handsets in the Indian market, which was incorporated on 29.07.2009. It is submits that one M.K. Enterprises, its (the plaintiffs') predecessor in interest, had coined and adopted the BLING mark for use of their business of mobile phones and allied services, for which trademark registrations had been applied for on 07.07.2009. A copy of the application has been placed on the record during the course of the proceedings. It is contended that the plaintiff has adopted a unique market strategy with two layer distribution and e-retail management in nine major cities. Its distribution network includes 76 direct and 123 sub/micro distributors who service over 4000 top retailers in the country. The plaintiff claims that it plans to recruit 2500 in shop promoters to create differentiation at retail points. It is submitted that the BLING is the plaintiff's used mark and was assigned by M.K. Enterprises on 30.07.2009.

(3.) The plaintiff claims to have extensively advertised the BLING across India; and is alleged to having incurred promotional expenses in excess to 2 Crores. It is also stated that the plaintiff has given wide publicity regarding its products and services in leading newspapers and on different websites. The plaintiff claims that adoption of BLING and association of that mark with its products has resulted in huge revenue generation since July, 2009. The plaintiff claims that its mobile phones have netted the turnover in excess of 15 Crores since their first sale.