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.

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