DIVYA SOOD Vs. RENU BAJAJ

JUDGEMENT

(1.) This is a suit for permanent injunction, rendition of accounts and damages. The plaintiff Ms. Divya Sood, who is carrying business under the name and style M/s THE BODY CARE in engaged in providing beauty and health care services through slimming centres, beauty clinics, spas, etc. The case of the plaintiff is that she began her operation in the year 1997 and is now recognized as the leader in providing beauty and health services, through a team of dedicated and trained professionals, who are acknowledged to be the best trained in the industry. She also claims to be well known for setting up professional and ethical standards and claims reputation as a world-class beauty and health care specialists. She is operating 23 beauty body and health care clinics all over the country with branches in all major Indian cities.

(2.) The case of the plaintiff is that the mark THE BODY CARE was coined and adopted by her in the year 2000 and since then she has been continuously, uninterruptedly and extensively using the aforesaid mark. She has also applied for the registration of the mark THE BODY CARE and her application was advertised in Trademark Journal on 18th November 2003. The plaintiff also claims a unique and distinctive reputation of the trademark/label of THE BODY CARE and claims it to be an original artistic work, within the meaning of Section 2(d) of the Copyright Act, 1957. The plaintiff has been granted copyright registration in respect of the said artistic work

(3.) Defendant Renu Bajaj is carrying business under the name and style of M/s. Perfect Body Care. It is alleged that the trademark/label PERFECT BODY CARE being used by the defendant is identical and/or deceptively similar to the trademark/label of the plaintiff in writing style, get-up