Bombay HC relief to real estate developer in trademark battle
Jan 13, 2014
Source : The Times of India

 

MUMBAI: The Bombay high court has granted interim protection to a developer against trademark violation by another firm.

Justice S J Kathawalla recently restrained Kalpataru Buildtech Corporation Ltd from directly or indirectly using the mark "Kalpataru" or any other deceptively similar mark as part of its corporate or trading name. Kalpataru Properties Private Limited a large Mumbai-based real estate company had dragged Kalpataru Buildtech to court for violation of its intellectual property rights over its trademark and name.

The HC on January 9 heard senior counsel Virendra Tulzapurkar for Kalpataru Properties. His plea was to restrain infringement and Passing off of the registered trademarks of the developer Kalpataru Properties as its marks were registered much earlier. Tulzapurkar said "Kalpataru Consultants Private Limited" incorporated in June, 1975 was changed to "Kalpataru Construction Overseas Private Limited" with effect from January,1982. This name was further changed to its present avatar--Kalpataru Properties Private Limited with effect from June 6, 2006. The extensive use of the mark 'Kalpataru' and its promotion is indicated by sales and promotional expenditure annexed, the court also observed. Tulzapurkar said the company has derived immense goodwill under its name and the public associates the name 'Kalpataru' with Kalpataru Properties and none else.

The company came across the other company using the name Kalpataru Buildtech in 2013 and asked it to cease using the name. But since the defendant continued with the use of the same name, the matter landed in court as "i was causing tremendous dilution of the well known mark''.

The judge said, "I am prima facie satisfied that ...the mark is solely and exclusively associated with the Plaintiff (Kalpataru Properties).'' Justice Kathawalla added in his order, "I, prima facie, find that the adoption and use of the mark 'Kalptaru' by the Defendants is dishonest and causing confusion and deception in the market..." The Defendants are taking unfair advantage of the goodwill and reputation of the Plaintiff, the HC said and granted orders to protect the Kalpataru Properties' trademark. The matter will be heard next on January 18.

Latest Realty News

Why you should invest in REITs
Jan 11, 2014
MUMBAI: The concept of REIT is an attempt to infuse the characteristic of “Equity and/or Unit” in the real estate sector. This concept, though prevalent in foreign countries, is new for India and is yet to take off. Savings and investments of general public are pooled as equity/unit for ultimate investment in real estate entity. The units are listed. Thus, entry and exit options are always open to investors.
Keep room for sea level rise in city planning of Mumbai
Jan 10, 2014
MUMBAI: All new development projects must factor in the impact of climate change and sea level rise, said environmentalists on January 9.
PMC body earns Rs 670 crore from property tax
Jan 10, 2014
PUNE: The Pune municipal corporation (PMC) has earned around Rs 670 crore from property tax since the start of the current financial year i.e. April 2013.
Developers to meet Maharashtra revenue minister
Jan 10, 2014
PUNE: Representatives of Credai Pune Metro will meet the state revenue minister on January 10 to discuss their concerns over the steep rise in the ready reckoner rates for properties in the state, which the government has implemented from January 1.
Arvind Kejriwal's AAP wants crack down against nexus in real estate
Jan 10, 2014
PUNE: Arvind Kejriwal-led Aam Aadmi Party (AAP) has alleged that 'criminal' collusion between politicians, bureaucrats and builders was one of the major causes behind the collapse last week of the under-construction building in Canacona, which claimed 24 lives.
Roll back hike in RR rates: Credai
Jan 10, 2014
NASHIK: The Confederation of Real Estate Developers' Association of India (CREDAI) on Thursday urged the state government to roll back the hike in the ready reckoner (RR) rates.
Sebi attaches MPS Greenery shares to recover investor funds
Jan 10, 2014
MUMBAI: In fresh action against West Bengal-based MPS Greenery Developers for running fraudulent investment schemes, Sebi today ordered attachment of its share holdings in eight group firms for failing to refund Rs 1,520 crore with returns to affected investors.
PE Blackstone, Panchshil Realty bid Rs 186 cr for Citi’s BKC property
Jan 10, 2014
MUMBAI: Pune-based Panchshil Realty and US-based private equity giant Blackstone have emerged front-runners for buying Citibank’s old headquarters at the Bandra-Kurla Complex, Mumbai’s prime business district. They have jointly bid Rs 186 crore.
Chairman in Pune, thief in Mumbai
Jan 10, 2014
MUMBAI: Nilesh Dattatray Chougle (33) is a well known businessman and a chairman of a huge housing society in Pune but in Mumbai he is a habitual house breaker who has around 110 criminal cases on him.
What attracts NRI investment in Indian real estate
Jan 10, 2014
MUMBAI: For Non Resident Indians, a base in their homeland is always considered a safe prospect and gives them an added sense of security. When it comes to the Indian real estate, non-resident Indians (NRIs) take centre-stage, especially with the depreciating rupee. The recent market trend where there is high inflation, volatility and the rupee value depreciating, NRIs make the most of the opportunity and invest in the Indian real estate market.

Latest Realty News Of State

Realty Talk's