GLOBAL EVENTZ Vs. INDIA PROPERTY ONLINE PRIVATE LTD.

JUDGEMENT

(1.) THE application in O.A. no. 331 of 2014 has been filed by the applicant/plaintiff to grant an order of ad -interim injunction restraining the respondent, its servants or agents or any one claiming through them from in any manner, using the offending trademark/trademarks, "GRAHAPRAVESAM, Grihapravesh, Grahapravesh, Gruhapravesham and Gruhapravesa" or any other marks which is identical and/or deceptively similar to the applicant's well known and well established trademark/trademarks "GRAHAPRAVESAM", "GRUHAPRAVESAM" and passing off its services under the applicant's well known and well established Trade Mark" GRUHAPRAVESAM", "GRUHAPRAVESAM" and/or any other Trade Mark which is similar or identical to the applicant's Trade Mark GRAHAPRAVESAM as and for the applicant's celebrated services including "property exhibitions, property events, property trade shows" by selling or offering for sale or providing services or in any manner advertising the same pending disposal of the suit.

(2.) THE applicant herein is the plaintiff and the respondent is the defendant. For the sake of convenience, the parties will be referred to as per their ranking in the civil suit. The case of the plaintiff, in brief, is as follows: -

(3.) WHEN the matter came up on 28.4.2014, this Court ordered notice to the defendant. Though notice was served on the defendant and their name appeared in the cause list, none appeared on their behalf and hence, this Court by order dated 16.10.2014, has granted interim injunction. Thereafter, on appearance, the defendant has filed an application in A. No. 6765 of 2014 to vacate the interim injunction granted by this Court, along with the counter to O.A. no. 331 of 2014. The sum and substance of the said counter is as follows -