VASUNDHRA JEWELLERS PVT. LTD. Vs. KIRAT VINODBHAI JADVANI

JUDGEMENT

(1.) By this application, filed under Order XXXIX Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 (in short, 'CPC'), the plaintiff prays for an ad-interim injunction restraining the defendant no. 1, its directors, executives, partners or proprietors, officers, servants and agents or any other persons acting for or on their behalf from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner using, directly or indirectly, in relation to any jewellery/precious stones/gems and/or any other allied and cognate goods/services, including but not limited to textiles, textile goods and fabrics, under the impugned marks/labels/logos/ domain name 'VASUNDHRA'/ and/or 'VASUNDHRA FASHION'//https://vasundhra.business.site and/or any other mark identical and/or deceptively similar to the plaintiff's trade marks/labels/logos/domain name 'VASUNDHRA'/ 'VASUNDHRA JEWELLERS'/, the 'VASUNDHRA' family of marks (hereinafter referred to as the 'VASUNDHRA Marks') / https://vasundhrajewellers.com/ or doing any other thing amounting to infringement of the plaintiff's registered 'VASUNDHRA Marks' as also amounting to passing off, dilution and unfair competition.

(2.) It is the case of the plaintiff that the plaintiff-company was established on 28/10/1999 and has been continuously and uninterruptedly using the name 'VASUNDHRA'/'VASUNDHRA JEWELLERS' both as a trade mark as also a trade name. The plaintiff has its jewellery showroom at Pitampura, New Delhi, where the customers from not only Delhi but also all over India come to shop. The plaintiff asserts that over the years, it has used several iterations of the 'VASUNDHRA Marks', including but not limited to.[xxx xxx xxx] The plaintiff is also the

(3.) The plaintiff asserts that by virtue of the abovementioned registrations, the plaintiff has an exclusive right to use the 'VASUNDHRA Marks'.