SWAGATH MOTELS PRIVATE Vs. HOTEL SWAGATH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed under Order XLIII rule 1(R) of the Civil Procedure Code, 1908 challenging the order dt.10.10.2018 in I.A.No.820 of 2016 in O.S.No.476 of 2018 of the IX Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The appellant herein is the defendant in the above suit.

(3.) The respondent/plaintiff filed the said suit for Permanent Injunction retraining the appellant and their servants, etc., and all other persons claiming under them or acting in concert with them or acting at their instance from infringing the exclusive statutory right to the registered trademark 'SWAGATH' and common law right to the trade name/trademark/service mark 'SWAGATH' of the petitioner and from passing off their business under the impugned trade name consisting of 'SWAGATH' with or without any laudatory epithet or generic or descriptive expression as its prefix or suffix depicted in any form or in any language, which is identical with or similar or deceptively similar, either visually, phonetically or structurally to the petitioner's registered trade name/trade mark/service mark, 'SWAGATH' as the business of the respondent; to deliver all the labels, carry bags, packing material, sign boards bearing the impugned trade name/trade mark/service mark consisting of the word 'SWAGATH' and all other articles which are or may be intended to be used in connection with the said business of the appellant for destruction and also grant damages of Rs.50,000/- for having caused loss to the business of the respondent bearing their registered trademark consisting of 'SWAGATH' and costs.