ARVIND SHAMJI CHAMRIYA Vs. JIVANBHAI JASABHAI MEJRANI

JUDGEMENT

(1.) The learned Counsel appearing for the Applicant/Plaintiff has applied for ad-interim relief after serving the Defendant. The learned Counsel appears for the Defendant.

(2.) The Plaintiff is a registered proprietor of word mark 'CARLY CHEN' under No.2094160 in Class 25 in relation to 'Readymade Garments and Hosiery'. The mark was applied on 3/2/2011 and registered vide Certificate No.1076049 dtd. 8/10/2012. The user claimed in the said mark is 1/1/2011. Annexed at Exhibit-B is the photocopy of the registration certificate of the said mark bearing No.2094160 in Class 25.

(3.) The Plaintiff has stated that it has been using the mark 'CARLY CHEN' since the year 2011. The Plaintiff has also claimed to have built up the brand 'CARLY CHEN' through years of dedication, hard work and commitment. The Plaintiff has relied upon the invoices which are annexed at Exhibit-C in order to show long, uninterrupted continuous use of the trade mark 'CARLY CHEN'. The Plaintiff is operating retail outlets/stores under the trade mark 'CARLY CHEN' all over India and the Plaintiff states that its brand 'CARLY CHEN' has gained massive popularity. Exhibit-D is the photocopy of the Chartered Accountant certified turnover showing year-wise sales of the goods/services under the trade mark 'CARLY CHEN'. In the current year 2022-2023 the net sale turnover is Rs.11,30,90,037.00.