The plaintiff has preferred the present suit seeking permanent injunction restraining infringement of trademark and design, passing off, unfair competition, rendition of accounts of profits/damages and delivery up etc.
Plaintiff is a company incorporated under the Companies Act, 2013 and is the registered owner of trademark ‘V-GUARD’ which was registered in the year 1983, claiming use since the year 1977, for machines, electrical and electronic apparatus and instruments, parts and fittings thereof falling in Classes 7, 9 & 11. Plaintiff also owns the domain name ‘www.vguard.in’ and also holds design registrations for its product.
It is the grievance of the plaintiff that the defendants have been illegally using a deceptively similar mark ‘N-GUARD’ and the domain name ‘www.nguard.in’. It is submitted that the defendants have also copied the distinctive design of the plaintiff’s products by imitating the overall shape, get-up, and layout and colour combination. The defendant is also stated to be using similar sub-brands and models which are identical/deceptively similar to the plaintiff’s sub-brands and models.
It was stated that the defendant no.1’s initial applications for registration of trademark ‘N-Guard’ and label on ‘proposed to be used basis’ in class 9 and 11, filed on 26.02.2009, was not pursued by the defendants after the plaintiff had filed its opposition to the same. Subsequently, the defendants filed applications for registration of trademark ‘N-Guard’ and falling in Class 7 on ‘proposed to be used basis’ were wrongly registered against which, the plaintiff has already filed the rectification applications before the Trade Marks Registry.
The plaintiff has made out a prima facie case in its favour and in case, no ex-parte and interim injunction is granted, the plaintiff would suffer an irreparable loss. The balance of convenience also lies in favour of the plaintiff and against the defendants. the defendants, their directors, proprietor or partners as the case may be, their assignees in business, licensees, franchisee, distributors and dealers are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in machines, electronic, electrical, parts and fittings or any other products under the impugned mark ‘N-GUARD’/ domain name ‘www.nguard.in’, any other trade mark /trade name / trade dress /domain name /designs as may amount to infringement of the plaintiff ’s registered and well-known trade mark ‘V-GUARD’ registered and/or any other designs amounting to passing off its goods as those of the plaintiff.