25 Nov 2021

VASUNDHRA JEWELLERS Pvt. Ltd. v. INDRAJITKUMAR BHARATKUMAR

FACTS:

Plaintiff is a registered company established on 28.10.1999 under the name and style of 'VASUNDHRA JEWELLERS PRIVATE LIMITED' and has been continuously & uninterruptedly using the name ‘VASUNDHRA/VASUNDHRA JEWELLERS’ since then as a Trade Mark & Trade Name in relation to goods and services namely Jewellery in Precious Metal and Gems.

The plaintiff had 3 trademarks for its representation under Vasundhra itself. Later, they obtained domain name of www.vasundhrajewellers.com on 26.06.2011 and consistently been using the same for 10 years now with the subsequent registered domain names:

  1. vasundhrajewellers.in
  2. vasundhrajewellers.com
  3. vasundhrajeweller.in
  4. vasundhrajeweller.com
  5. vasundhrafinejewellery.in
  6. vasundhrafinejewellery.com
  7. vasundhra.in
  8. vasundharajewellers.com
  9. vasundharafinejewellery.in
  10. vasundhradiamondroof.com
  11. vasundhradiamondroof.in

The plaintiff had great success with this and outstood the market with a different identity. In the financial year of 2020-21, the sales figure was of Rs. 5.42 crore wherein they spent Rs. 20.92 lacs for promotional activities.

In September 2021, the plaintiff found a publication/advertisement of mark with same name, ‘Vasundhra Jewellers’. It is phonetically, visually and structurally nearly identical to the Plaintiffs Trade Marks.

PETITIONER’S ARGUMENTS-

The learned counsel for the plaintiffs had submitted opposition notice dated 23.09.21 and also sent a legal notice to the defendant for the same. But they have not received any response from the defendants. Considering the documents filed by plaintiff and the submissions made would show the plaintiff has a prima facie case and in case the defendants are not restrained ex parte, to use the trademark, the plaintiffs shall suffer irreparable loss and injury.

ORDER OF THE COURT-

In the hearing conducted through video conferencing the following order was given:

  • Exemption allowed, subject to all just exceptions.
  • The applications stand disposed of.