SHARMILEE KAPUR Vs. KIRAN BHAREKAR

JUDGEMENT

(1.) Feeling aggrieved with rejection of an application-Exhibit 5 in Regular Civil Suit No.01 of 2019 for temporary injunction by the Ad-hoc District Judge-6, Pune on 19th July, 2019, the appellant has preferred this appeal under Order- XLIII, Rule-1 (r) of the Code of Civil Procedure, 1908 (for short 'C.P.C').

(2.) Facts germane for disposal of the appeal can be summarized as follows; Appellant No.1 is a registered proprietor and owner of the trademark " atmantan-be transformed". Appellant No.1 has given exclusive right to use the said trademark to appellant No.2 since 2009. Appellant No.2 is a Company incorporated under the Companies Act, 1956. Appellant No.2 is running a Luxury Wellness Destination in Mulshi, near Pune in the name and style as "atmantan be transformed". It deals in human health, hygiene, beauty care and hospitality. The appellants state that they have been providing health, medical, spa services, hygienic and beauty care since long time. They are well known for their high degree of professional management at every level and quality of unmatched services.

(3.) It is the contention of the appellants that as it's trade name itself suggests that it is a wellness resort in its retreat philosophy is an amalgamation of concepts of atma (soul), mana (mind) and tan (body). They have Doctors and experts in Ayurveda, Indian Naturopathy, Chinese Medicine, Energy Healing, fitness, Physiotherapy and cuisine. The trademark of the appellants is well known and well perceived by the public with trust and conviction.