CRAYONS ADVERTISING LTD Vs. CRAYON ADVERTISING

JUDGEMENT

(1.) This is an application under Order 39 Rule 1 and 2 CPC seeking ex parte interim injunction to restrain the defendant from using the domain name or any other name which is similar to the plaintiff's domain name.

(2.) Plaintiff has filed the accompanying Suit seeking a decree of permanent and mandatory injunction against the defendant from using the name "Crayon Advertising" or the domain name and other reliefs. The plaintiff has in the accompanying plaint averred that the plaintiff had adopted and has continuously and uninterruptedly been using the name and mark "CRAYONS" as a name and an integral part of its advertising business since the year 1986. It is averred that with the efforts of the plaintiff the said mark has become a prominent, essential and inalienable part of the plaintiff's business. On 27.12.1997, the plaintiff got registered the domain name as the plaintiff's website for promoting its business with mark " RAYONS". It is averred that the mark "CRAYONS" is synonymous with the plaintiff. The plaintiff's company name is "CRAYONS ADVERTISING LTD." and it is in the field of Advertising. In 2009 the plaintiff has applied for registration of the said mark under Class 35 of the Trade Mark Act, 1999 claiming user since 1986. The application was advertised in 2010. It is averred that the plaintiff is the first and prior adopter and user and has the sole exclusive right to use and own the said mark "CRAYONS". It is averred that the services provided by the plaintiff under the said mark are widely and regularly advertised and promoted through its website and other media. Plaintiff is also stated to have seven branch offices in different cities and is also recognized and is also placed on the panel of some various well known companies/corporations. The details of the plaintiff's turnover for the year 1987-2013 are stated in paragraph 8 of the Plaint. It is averred that in 1987 the plaintiff had a turnover of Rs.17.97 lacs whereas in 2013 the turnover is of Rs.18780.49 lacs. It is stated that the plaintiff has invested huge amount of money and resources on brand building and the mark "CRAYONS" has become a prominent, inalienable, important and essential part of the plaintiff's name and business .

(3.) It is further stated that defendant is a proprietorship firm which is run and managed by Mr.Vineet Arora under the name and style of "Crayon Advertising". It is stated that the plaintiff recently learnt that the defendant is engaged in the business of providing similar services as that of the plaintiff's. It is stated that the defendants in reply to the legal notice stated that the firm "Crayons Advertising" was formed by Mr.Vineet Arora in 1993. It is stated that the defendant also got registered its domain name on 19.6.2004 (which is stated to be much later than plaintiff's domain name which was registered on 27.12.1997). The said domain name resembles that of the plaintiff and is different only by the incorporation of the letter "v". It is stated that as the domain name of the defendant was created much later than that of the plaintiff, the same being substantially similar to the plaintiff's domain name is bound to cause and create confusion, misconception and deception and is further likely to cause enormous damage and harm to the plaintiff's reputation and business.