ZARI Vs. ZARI SILK INDIA PVT. LTD

JUDGEMENT

(1.) This civil mis. appeal has been filed against the order dated 18.11.2013, passed by the Additional District Judge No.5, Jaipur Metropolitan, Jaipur (hereinafter 'the trial court'). Thereby the trial court has allowed the respondent-plaintiff-applicant-company's (hereinafter 'the applicant-Company') application under Order 39 Rule 1 & 2 CPC and injuncted the appellant-defendant-non-applicant-firm (hereinafter 'the non-applicant-firm') from using its trademark "ZARI" (as is appropriately detailed hereinafter) or similarly deceptive mark or otherwise passing off its own manufactures under the mark "ZARI" (by Anu Shankar) as that of the applicant-Company.

(2.) The applicant-Company states to be a leading manufacturer, trader and retailer of bridal, party wear, traditional and casual wear, sarees, salwar suits, kurtis, lehengas, blouse, bridemaids gown etc. under a registered trademark under class 24 with the word ZARI as stylized since 2005. The applicant-Company's trademark as registered was as under :

(3.) It was stated that its trademark distinguishes the goods of the applicant-Company from that of others and has purportedly acquired tremendous reputation and goodwill due to high quality of goods sold under it. It was stated that the applicant-Company has seven branches at Jaipur, Mumbai, Bangalore, Raipur, Indore, Jodhpur & Udaipur selling its products sarees, salwar suits, kurti, lehnghas etc. wherefrom its turnover ran into crores of rupees. It was alleged that the non-applicant-firm had adopted and was using a similar trademark "ZARI" for similar goods seeking to take unfair advantage which correspondingly worked to the detriment of the profits, distinct character and reputation attached with the applicant's trademark ZARI. The non-applicant-firm's offending trade mark was centered as the word "ZARI" in capital letters with artistic design deceptively similar and was as under: