OZONE SPA PVT LTD Vs. OZONE CLUB

JUDGEMENT

(1.) The plaintiff has filed the suit for permanent injunction restraining passing off the registered trade mark, unfair competition, dilution and damages and rendition of accounts etc. The brief facts are that on 7th June, 1994 the company i.e. M/s. Taj Resorts Pvt. Ltd. was incorporated. Subsequently on 6th January, 2003 its name was changed to 'Ozone Spa Pvt. Ltd.'. The plaintiff company is a premier boutique health Spa and it adopted the mark 'Ozone' in relation to health services in May 2001. It launched its first Health Centre and Spa under the brand name 'Ozone' on 26th October, 2002 and changed its name in 2003. The trade mark 'Ozone' which also forms a dominant part of the corporate name has been in use continuously since its adoption in 2001. It has already established itself as a one of its kind fitness centre, the members of which include eminent personalities like Ms. Sania Mirza, Ms. Ekta Chaudhary, Ms. India Universe 2009, well known model Mr. Inder Mohan Sudan etc. The plaintiff has already established branches in Haryana, Gurgaon, Chandigarh and Bangalore and it has planned to commence operations in Ludhiana, Indore and Ahmadabad. The plaintiff has established four branches of 'Ozone' in Delhi i.e. at Defence Colony, Palm Country Club, Gurgaon, Delhi Lawn Tennis Association and at Deepak Plaza Building, Rohini.

(2.) The services and facilities enumerated by the plaintiff company are as under:-

(3.) The plaintiff has stated the turnover of the company from 2002 to 2009 in Para 10 of the plaint. The plaintiff has submitted to have spent approximately Rs. 74 lakhs on account of advertising and business promotion under the mark 'Ozone' in various newspapers and journals during the said period. The details of the expenses are given in Para 11 of the plaint. It is submitted that the plaintiff, since the time it commenced operations, has been a pioneer in the health industry. The plaintiff in fact boasts of top-notch designs with studioesque appeal where each member is assigned a personalized workout schedule, closely monitored by trained staff. The USP of the gym is the state of the art equipment, sauna, Swedish massage and group activities that include spinning, pilates, kick-boxing and yoga.