AVIS INTERNATIONAL PRIVATE LIMITED Vs. AVIS INDIA

JUDGEMENT

(1.) I have heard arguments for deciding the aforesaid application.

(2.) The facts of the case in brief are that the plaintiff for the last 10 years is dealing in manufacture and sale of readymade garments including belts and hosiery goods and has been marketing its goods under the trade mark "AVIS" continuously. It is pleaded that the trade mark A VIS of the plantiff is written in a particular and distinct manner and the plaintiff is the registered proprietor of the said trade mark under the Trade and Merchandise Marks Act, 1958 in class 25 in respect or readymade garments, wearing apparels Including geans, jackets, shirts, blouses, socks, hosiery, brassiers and footwear. The plaintiff Is also registered proprietor of the particular manner of representation of the trade mark AVIS under the Copy Right Act. It was pleaded that the petitioner was the first in India to adopt the 'word AVIS as a trade mark and by virtue of its considerable and continuous use. the said trade mark AVIS applied on goods, signifies that the goods have originated from the plaintiff.

(3.) It is pleaded that by virtue of excellent quality of products of the plaintiff, the trade mark AVIS has become distinctive format or representation of the goods of the plaintiff and the plaintiff has acquired valuable reputation under the said trade mark and has done huge business of sale of goods under the said trade mark, details of which are furnished in para 12 of the plaint. The plaintiff has also advertised its goods under the said trade make in different media and has incurred huge expenses as depicted in para 13 of the plaint.