RAJNISH AGGARWAL Vs. ANANTAM

JUDGEMENT

(1.) BY this order, I shall dispose of I.A. No. 4251/2009 filed by the plaintiffs under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908.

(2.) THE present suit has been filed for perpetual injunction restraining passing off and infringement of trade mark, rendition of accounts, damages etc. plaintiff No. 1 is a permanent resident of Delhi and is the sole proprietor of the trade mark 'Anantam' registered under No. 1248372 dated 7th November, 2003 in Class 24 and No. 1254084 dated 9th December, 2003 in Class 25 with regard to all kinds of readymade garments like handkerchiefs, dhotis, tissues(piece goods, bed and table covers), lungis etc. The business of these goods is being carried out from the trade mark 'Anantam' from the residence of plaintiff No. 1 which is C -2/29, Model Town, Delhi - 110009.

(3.) THE plaintiffs have submitted that the name Anantam slowly became synonymous for quality, durability and the latest designs so much so that people from all over India and abroad became its customers and with time, plaintiff No. 1 has come to be referred to as Anantam. Further, the plaintiffs' products have been advertised on television too. The news channels AAJ TAK and NDTV have taken video shots of the plaintiffs' outlet and have aired the same. The increase in sales of the plaintiff No. 4 firm has been from Rs. 1,53,74,331.25 in 2004 -05 to Rs. 3,48,50,644/ - in 2007 -08 i.e. more than double in four years. The plaintiffs have acquired a vast amount of goodwill by the name of Anantam.