Fri. Apr 23rd, 2021

Tarun Jain vs Manoj Jain And Anr. on 9 May, 2017

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1. The plaintiff has instituted this suit inter alia for permanent injunction
to restrain the defendants Manoj Jain and Mamta Jain from infringing the
trade mark ‘NIKKY POINT’ of the plaintiff by using the trade marks/names
‘NIKKY FASHION’ and ‘NIKKY GIRLS WEAR’.

2. Summons of the suit and notice of the application for interim relief
were issued, though no ex-parte relief sought granted.

3. On 20th October, 2016, the senior counsel for the defendants
contended that the business of ‘NIKKY POINT’ was in fact of the defendant
No.1 and it is the defendant No.1 who has built and developed the same and
the plaintiff at the time of commencement of the business was a minor and
CS(COMM) 1356/2016 Page 1 of 9
was like a trainee under the defendant No.1. Finding prima facie from the
documents filed by the plaintiff that the business was in the name of the
plaintiff, even though the defendant No.1 may have been the face of the
business and further finding that the registration of the year 2007 of the trade
mark ‘NIKKY POINT’ was also in the name of the plaintiff, it was on 20th
October, 2016 observed that a case for grant of ad-interim injunction
restraining the defendants from using the word ‘NIKKY’ or any other
word/mark deceptively similar to the word/mark ‘NIKKY’ was made out.
At that stage, the senior counsel for the defendants offered to deposit a sum
of Rs.5 lakhs in this Court to compensate the plaintiff for loss if any, to
enable the defendants to continue using the marks ‘NIKKY FASHION’ and
‘NIKKY GIRLS WEAR’ on the occasion of the festival of ‘Diwali’ of the
year 2016. Accepting the said undertaking of the defendants and in view
thereof and subject to the amount being deposited, at that stage, interim
injunction was not granted.

Source: Indian Kanoon

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