KALPATARU PROPERTIES PRIVATE LIMITED Vs. KALPATARU HOSPITALITY AND FACILITY MANAGEMENT SERVICES P LIMITED

JUDGEMENT

(1.) The plaintiff has sought a permanent injunction restraining the defendant from using in relation to its business or service, the mark "Kalpataru's" or the word "Kalpataru" or any other deceptively similar word as a part of its corporate name or trading style so as to infringe the plaintiff's registered trademarks and from so using the said mark as to pass off or enable others to pass off the defendant's services and/or business as that of the plaintiffs and/or to indicate any connection with the plaintiff.

(2.) Plaintiff No.2, Property Solutions (India) Private Limited, was incorporated on 27th November, 2000 for the purpose of carrying on the business of facility management, mall management, project management services, including business management services. Plaintiff No.2 is a part of the Kalpataru group of companies of which plaintiff No.1 is the flagship company. Plaintiff No.2 has been using the trademark KALPA-TARU registered in the name of plaintiff No.1 with the permission of plaintiff No.1. Plaintiff No.1 has allowed the various companies in its group to use the trademark including as part of their corporate and/or trade name.

(3.) Plaintiff No.1 was established in the year 1969 in the name of Kalpataru Construction Overseas Private Limited and it's name was changed to the present name with effect from 6th June, 2006. Plaintiff No.2, as stated above, was incorporated on 27 th November, 2000. The defendant was incorporated much later on 27 th January, 2006. The plaintiff's case is that the defendant carries on business similar to the business of plaintiff No.2.