LAWS(DLH)-2022-3-184

KAMDHENU LIMITED Vs. RAGHUNATH VIRDHARAM BISHNOI

Decided On March 24, 2022
Kamdhenu Limited Appellant
V/S
Raghunath Virdharam Bishnoi Respondents

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present application has been filed by the Plaintiff-Kamdhenu Limited, seeking various directions qua the illegal use of the term/mark/name 'Kamdhenusteel' in various forms by known and unknown Defendants.

(3.) The background of this case is that the Plaintiff adopted the trademark 'Kamdhenu' in 1994 and has been manufacturing, selling and offering for sale various products including TMT Bars, Cement, Real Estate, etc. It is stated to be an ISO 9001:2008 certified company, with a market share of around 20% of retail branded TMT Steel Bars in India. The Plaintiff is also the registered owner of the trademark 'Kamdhenu' and its formative marks, in various classes, including in Classes 6 and 35, registered between the years 1996 and 2008. The flagship website/domain names of the Plaintiff are 'www.kamdhenuispat.com' and 'www.kamdhenulimited.com', stated to have been registered in 1999 and 2016.