Tue. Jul 14th, 2020

Keller Williams Realty, Inc. vs Dingle Buildcons Pvt. Ltd. & Ors. on 17 April, 2020

2 min read

2. It is the case of the plaintiff, (i) that the plaintiff, incorporated and
existing under the laws of the State of Texas, United States of America
(USA), is an American International Real Estate Franchisor, founded as far
back as in the year 1983 and today having approximately 900 franchisees
with over 1,70,000 associates, worldwide; (ii) that the plaintiff is one of the
CS(COMM) 74/2019 Page 1 of 20
largest privately held global residential real estate brokerages; (iii) that the
plaintiff conducts and operates its real estate affairs business on worldwide

basis, under the famous and distinctive trade marks „KW‟,
and/or „KELLER WILLIAMS‟, through various agents/entities including
wholly owned subsidiaries, agents, franchisees and associates; (iv) that the
plaintiff is aggrieved from adoption by the defendants of identical and/or
deceptively similar marks in respect of identical and/or similar services inter
alia of insurance, financial affairs, monetary affairs, real estate affairs,
advertising, business management, business administration, office functions
etc.; (v) that the plaintiff honestly adopted the inherently distinctive trade
mark „KW‟ as an abbreviation for „Keller Williams‟ and the trade mark
„KW‟ has become solely associated with the plaintiff; (vi) that the plaintiff
has been using the said mark either in stand alone manner or in conjunction
with its other marks; (vii) that the plaintiff has got the said mark „KW‟
registered in a large number of countries; (viii) that in India, the plaintiff
applied for registration of „KW‟ and „KELLER WILLIAMS‟ in Classes 35
& 36, on 2nd March, 2012 and the said registrations were granted; (ix) that
the plaintiff also has common law rights in the said „KW‟ marks; (x) that
owing to extensive use and campaigns across the public worldwide, „KW‟
marks have garnered immense goodwill and reputation across Indian public
staying abroad as well as in India; the plaintiff has served various Non-
Resident Indian (NRI) clients and has trained various agents resulting in
spillover of reputation in India as well; the plaintiff has various real estate
agents of Indian origin or NRI‟s, as Keller Williams Signature Agents; (xi)

CS(COMM) 74/2019 Page 2 of 20
that the plaintiff is also the owner of domain names www.kw.com and
www.kwworldwide.com, since the year 1995 and 2005 respectively; (xii)
that the plaintiff also has a worldwide presence on social networking sites;

Source: Indian Kanoon

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