KALPANA SHARMA Vs. PERSONAL CARE SYSTEM

JUDGEMENT

(1.) The present order will dispose of two applications preferred by the plaintiffs who have sued the defendants for infringement of their trademark in "PYRAMID VASTU". The plaintiffs suit alleges copyright infringement by the defendant.

(2.) The first plaintiff claims to be inventor and long user of the trademark PYRAMID VASTU registered on 21.8.2003 in class 9, in respect of VASTU DEFECT RECTIFICATION INSTRUMENTS. Reliance is placed upon a copy of the registration certificate issued by the Trademarks Registry on 5.10.2005. Similarly the word "PYRAMID VASTU" was registered by the plaintiff as manufacturer in class 16, concerning PAPER AND PAPER ARTICLES PRINTED MATTER, NEWSPAPER AND PERIODICALS BOOKS AND BOOK BINDING MATERIAL, PHOTOGRAPH, etc on 22.11.2005 w.e.f. 21.8.2003. It is also claimed that the second plaintiff is a proprietorship firm of the first plaintiff and permissive user of the said mark; it is also registered in class 16 in regard to VASTU DEFECT RECTIFICATION ARTICLES AND SHAPES MADE OF PLASTIC. The plaintiffs advert to PYRAMID VASTU being registered by Pandit R.K. Sharma as a literary work in the copyright office of the Central Government and rely upon a certificate dated 4.2.2004 It is claimed that the said Pandit Sharma is author of the work PYRAM ID VASTU published for the first time in 1995 in India and that he has assigned the rights in respect of it to the first and second plaintiffs.

(3.) The plaintiff alleges that Pandit R.K. Sharma, the third plaintiff is a renowned remedial astrologer, gemologist and Vastu expert, practicing in consultancy for astrology and Vastu; he also the Editor-in-Chief of the famous magazine "THE ETERNAL SOLUTIONS" allegedly popular with vastu readership. It is claimed that the second plaintiff is active since 1983-84 in the field of publication of Vastu Defect Rectification and Remedial Astrology/Gemology. The second plaintiff has published a famous book entitled "The Science of Balance - Pyramid Vastu, Sri Yantra, Mantras and Gem Therapy" authored by Pandit R.K. Sharma in 2002.