VARDHMAN PROPERTIES LTD Vs. VARDHMAN REALTECH PVT LTD

JUDGEMENT

(1.) I.A. 21931/2014 in CS(OS) 3378/2014, I.A. 14073/2013 in CS(OS) 1712/2013 As similar applications under Order XXXIX Rule 1 and 2 CPC read with Section 151 CPC have been filed by the plaintiff in both the Suits wherein the averments are identical and the plaintiff being same and the defendants belong to the same group of companies, the applications are being disposed of by this Common order noting the facts in each application, separately.

(2.) The plaintiff has filed a Suit for infringement of trade mark, permanent injunction, rendition of accounts and passing off etc.

(3.) The case of the plaintiff is that plaintiff and its associate companies compositely known as ,,VARDHAMAN PLAZAS are Real Estate Developers and are engaged in the business of real estate since 1981. It had obtained the registration of trademark ,,Vardhman Group in 2005. They have obtained the registration of the trade name / mark ,,VARDHAMAN PLAZAS and Vardhman logo under Class 37 of the Trade Marks Act, 1999 in the year 2011. It is the case of the case of the plaintiff that it had come to know that the defendants have been offering their services under the trade name / mark VARDHMAN and using the same word as a part of their corporate name as M/s Vardhman Real Tech Pvt. Ltd. and Vardhman Infra Developers Pvt. Ltd. According to the plaintiff, the name / mark VARDHMAN as used by the defendants is phonetically and visually identical to the name / mark VARDHMAN used by the plaintiff. According to the plaintiff, the defendant Nos.1 and 2 got registered as a Private Ltd. Companies in Delhi on 5th April, 2010 and 16th August, 2010, respectively, which is in violation of Section 22 of the Indian Companies Act, 1956 as the defendant no.1 and 2 / Companies have been registered with the name which closely resembles the name of the plaintiff and its associate companies, which is bound to cause confusion in the minds of a public and also of the trade as regards the defendants services and activities having somehow and in some manner association with the activities of the plaintiff and its associate companies under the banner of Vardhman Plazas and / or Vardhman.