ARVIVA INDUSTRIES INDIA LTD Vs. VIKAS M TULSIAN

JUDGEMENT

(1.) The plaintiffs have instituted this suit to seek an order of injunction on the ground that the defendants are violating their trade mark VIVA by selling readymade garments with marks VIVACITY, VIVZ including its variants viz. VIVZ GURLZ, VIVZ 79 and VIVZ GALZ. It is also the case of the plaintiffs that on account of use of these marks, the defendants are passing off their goods as that of the plaintiffs which is in violation of the right of the plaintiffs qua their mark VIVA. The plaintiffs have prayed for damages in the sum of Rs. 50,000/-. The plaintiffs have also prayed for delivery of the goods and other articles manufactured by the defendants bearing impugned mark VIVACITY and VIVZ for destruction.

(2.) For the sake of convenience, the mark VIVACITY can be referred to as VIVACITY and other marks viz. VIVZ, VIVZ GURLZ, VIVZ 79, VIVZ GALZ can be referred to as other marks. According to the plaintiffs, the defendants are advertising their products on a website www.vivacity.co.in and that is in violation of the trade mark of the plaintiffs VIVA.

(3.) Keeping in view the aforesaid frame of the Suit, the plaintiffs- have applied for appropriate interim reliefs and prayer Clause (a) of the Motion pertains to relief so as to protect the Registered trade mark of the plaintiffs viz. VIVA. Relief in terms of prayer Clause (b) relates to passing off action. According to the plaintiffs, the defendants are advertising their products on a website www.vivacity.co.in. The plaintiffs claim that this action is in violation of the plaintiffs' Trade mark VIVA. By prayer Clause (c), the plaintiffs want that the defendants should not advertise their products on the website www.vivacity.co.in or any domain name and website address bearing the trade mark VIVA of the plaintiffs.