VARUN GEMS Vs. PRECIOUS JEWELS

JUDGEMENT

(1.) The appellant, M/s. Varun Gems, has filed the present appeal being aggrieved by the impugned judgment and decree dtd. 6/4/2018, whereby the suit filed by the appellant praying for restraining the respondent from using the name 'RAKYAN' and/or any other mark which is identical or deceptively similar to the appellant/ plaintiff's registered trademark 'RAKYAN'S FINE JEWELLERY', was dismissed.

(2.) The appellant has been running its business of selling jewellery under the registered trademark 'RAKYAN'S FINE JEWELLERY' from the premises M-31 M-Block Market, Greater Kailash-I, New Delhi-110048.

(3.) Mr. Jitendra Kumar Rakyan is the managing partner of the appellant and is the paternal uncle of respondent No. 2 (defendant No.2).