IREO PVT. LTD. Vs. GENESIS INFRATECH PVT. LTD.

JUDGEMENT

(1.) The Suit is filed seeking a decree of permanent injunction to restrain the defendant from offering for sale or dealing in real estate business under the impugned trade mark "Genesis SKYON" or any other trade mark which may be deceptively similar to the plaintiff's trade mark "IREO SKYON". Other connected reliefs are also sought. The present application is filed for seeking an interim injunction to restrain the defendant from offering for sale, advertising or dealing in real estate business under the said impugned trade mark or using any trade mark which is deceptively similar to the plaintiff's trade mark till pendency of the Suit.

(2.) This suit came up for hearing on 19.10.2012 when this Court by an ex parte ad interim injunction restrained the defendant, its directors, proprietors etc. from constructing, selling, offering for sale, advertising directly or indirectly dealing in the real estate business under the trade mark "Genesis SKYON" or any other trade mark which is deceptively similar to the trade mark of the plaintiff's IREO SKYON.

(3.) The plaintiff pleads in the plaint/application that the trade mark IREO SKYON was adopted by the plaintiff in the year 2010. The plaintiff states to be a registered proprietor of the said trade mark IREO SKYON under class 35 and 37 w.e.f. 27.12.2010. There are several applications for the trade mark IREO SKYON of the plaintiff stated to be pending under different classes. It is stated that the said trade mark is a coined design adopted and used by the plaintiff when there was no other identical/similar mark in existence. It is urged that the said product/projects under the said trade mark have become immensely popular as the plaintiff's advertisements routinely appear in national newspapers. It is further urged that the plaintiff has expended advertising and promotion expenditure on its product/project and trade mark IREO SKYON which roughly comes to '9.424/- crores and has achieved sales of Rs. 869/- crores.