LAKSHMI GOLD KHAZAANAA Vs. B KISHORE JAIN

JUDGEMENT

(1.) All the Appeals are preferred, challenging the legality of a common order dated 30/6/2008 passed by a learned single Judge of this Court in Original Application Nos. 447 to 449 of 2008 respectively in C.S. No. 417 of 2008, whereby the applications filed by the plaintiff were allowed.

(2.) The plaintiff filed the said suit for permanent injunction, damages and also for a preliminary decree. Pending suit, the plaintiff filed O.A. Nos. 447 to 449 of 2008 for interim injunction, restraining the defendant and his men from in any manner infringing their registered trade mark KHAZANA under No. 544884 in Class 14 by use of Lakshmi Gold KHAZAANAA as a trade mark and/or as part of trade name/trading style or by use of any other trade mark/trade name containing the word KHAZANA or any word similar thereto or in any other manner whatsoever; for interim injunction restraining the defendant and his men from in any manner infringing their domain name www.khazanajewellery.com by use of identical and deceptively similar domain name www.lgkhazaanaa.com or any other domain name containing the word KHAZAANAA or any word similar thereto; and also passing off or enabling others to pass off the defendant's goods, business, services, jewellery etc., by use of trade mark and/or trade name/ trading style LAKSHMI GOLD KHAZAANAA and domain name www.lgkhazaanaa.com which is deceptively similar to plaintiff's well established trade mark/trade name KHAZANA Jewellery and domain name www.khazana jewellery.com or in any manner whatsoever.

(3.) All the applications came to be filed under the following facts and circumstances; The plaintiff/respondent herein is carrying on business of manufacturing and selling jewellery, made of gold, silver and other precious stones. The respondent was carrying on the business under the name M/s.Khazana Jewellery from 14/4/1989. The respondent was having branches in Tamil Nadu, Andhra Pradesh and Kerala. The respondent is the registered proprietor of the trade mark KHAZANA in class 14 under No. 544884 dated 7th April 1991. The respondent's trade mark has acquired tremendous reputation and goodwill in the jewellery market. The said trade mark is not only forms a predominant feature of their corporate name, but also forms a predominant feature of their domain name www.khazanajewellery.com. The respondent had spent huge amount for advertisement in newspapers, magazines and also in television channels. The respondent has also put up several hoarding, signboards and banners across the City of Chennai with the trademark and domain name. The respondent has sold jewellery worth several crores of rupees and the sales turnover has been increasing year by year. The customers of the respondent also spread the reputation by word of mouth to their friends, relatives and acquaintance across the country bringing in new clientele.