LATHA C MOHAN Vs. CAVINKAR PVT LTD

JUDGEMENT

(1.) Application No. 197 of 2003 has been filed praying this Court to grant interim injunction restraining the respondents from passing off their cosmetic goods, inclusive of half care goods by using the trade name Kanya.

(2.) The applicant/plaintiff has filed the above said suit for permanent injunction restraining the respondents/defendants and their men from infringing or adopting or using the plaintiffs registered trade mark Kanya bearing Trade Mark No. 703898; for permanent injunction restraining the respondents/defendants from in any manner passing off their goods as that of plaintiffs by using the plaintiff's trade name Kanya etc.

(3.) The case of the applicant is that the applicant has been running the business of beauty parlour in the name and style of Kanya since December 1981, which was also registered under Trade and Merchandise Act to cater to the needs of women with respect to grooming skin care and hair care; that the applicant has been running nine Kanya outlets in Chennai and Bangalore by employing 125 trained women personnel and the salaries of the said personnel is about Rs.30 lakhs per annum; that the applicant is the pioneer in the field and she was the Founder President of South India Beautician and Hair Dressers Association and now she is the General Secretary of the said Association; that the first respondent is the manufacturer of Cosmetic for a period of two or three years; that the respondents 2 and 3 are advertising agents. While things are such, the respondents has given an advertisement in The Hindu and Business Line dated 13-2-2003 to launch a hair care product in the name of Kanya on 22nd February 2003 and also subsequent days; that the applicant has sent a notice dated 16-2-2003 warning them not to use their trade name Kanya. Even after receipt of the said notice, the respondents have published advertisement in Metroplus of The Hindu dated 18-2-2003 to launch Kanya product; that if the respondents are not restrained from using the applicant's trade name Kanya, it will affect their commercial goodwill and reputation which was built up for a period of 22 years, hence these applications.