SHAJAHAN Vs. GULF GATE HAIR FIXING PVT LTD

JUDGEMENT

(1.) The defendants in a suit filed under the Trade Marks Act, 1999 challenge an order of temporary injunction issued by the court of first instance.

(2.) The second plaintiff is the Chairman and Managing Director of first plaintiff, a private limited company. He and defendants 1 to 4 are brothers. All of them, including their proprietary concerns and the first plaintiff company are involved in providing the service of hair fixing and allied services. In 2007, the plaintiffs obtained Ext.A2 registration of trade mark in India. Thereafter, controversies arose regarding the use of the marks in relation to the business. The plaintiffs sued the defendants.

(3.) The court below found that the services being rendered by the plaintiffs and the defendants, the techniques adopted by them and the area of the human body where the techniques are applied are the same. It is also held that the defendants do not dispute Ext.A2 certificate of registration of trade mark granted to the plaintiffs and the fact that such registration was granted to the second plaintiff. It was also noticed that the defendants do not have a case that they have any legal authority to use the trade mark and name registered in the name of the second plaintiff.