GOVARDHAN MOTELS Vs. I SUBRAMANYAM

JUDGEMENT

(1.) By this order, I propose to dispose of the aforesaid application filed by the defendant no. 2 under Sections 20 and 21 of the Code of Civil Procedure and Section 134 of the Trade Marks Act, challenging the territorial jurisdiction of this court to entertain the present suit against the defendants.

(2.) The plaintiff has filed the present suit alleging infringement of trade mark and copyright by the defendants in its mark "Govardhan" which is used by the plaintiff in relation to its business of running vegetarian restaurants. It is stated that since 1999 the plaintiff has adopted and is using the trade mark "Govardhan" by itself along with the stylised letter 'G'. It is claimed that the word/mark "Govardhan" per se and stylised form in which the letter 'G' is adopted, separately as well as collectively are the essential and distinguishing feature of the mark "Govardhan". The plaintiff also claims copyright in the manner of depiction on the said mark "Govardhan". This mark is used by the plaintiff on its displays, invoices, stationery, napkins, cutlery, crockery both disposable and otherwise, food packaging, wrappers, sign boards, publicity material, dresses of its work men, staff and waiters, etc. The plaintiff's application for registration of trade mark are pending under application no. 973139 in class 30 dated 27th November, 2000 in relation to foods for human consumption and under application no. 01532478 in class 42 dated 20th February, 2007 in relation to services for providing of food and drink, restaurant, fast food and catering services with the user claimed by the plaintiff as of 12.12.1999. The plaintiff has expanded its business which started in Adhchini to Kashmiri Gate in North Delhi. The plaintiff given its sales figures for the past few years as being over Rs. 60 lacs per annum.

(3.) Defendant no. 1 is an ex employee of the plaintiff. It is alleged that the defendant nos. 1 and 2 have now started a similar trade and business and they have opened a restaurant with the name "Goverdhan". The defendants, it is claimed, were well aware of the use of the mark "Govardhan' by the plaintiff, particularly since the defendant is an ex-employee, and it is claimed that the defendants have adopted the said mark only with a view to encash on the plaintiff's reputation and the goodwill.