FACTS:

The Plaintiff, an eyeglasses company that sells a variety of items across the country, claimed that it had been using the witty and distinctive trademark ‘LENSKART’ since 2009. The Plaintiff further claimed to be the owner and holder of the copyright in the original artistic work depicted on the label. Finally, the Plaintiff stated that it had a multi-crore business and that the brand was extremely popular. In the usage of its optical retail store in Aurangabad, Maharashtra, the Defendant adopted the name "Lenspark." The Defendant failed to answer to the cease-and-desist notice or the summons in the complaint in a timely manner, nor did it file a written statement.

 

CONTENTIONS:

It was contended that the plaintiff is involved in the marketing, wholesale, and distribution of eyewear, sunglasses, contact lenses, prescription lenses, and accessories, as well as the marketing, wholesale, retail, and distribution of said items, including through e-commerce. Since 2009, the Plaintiff Company has been utilising the whimsical and naturally distinctive trademark ‘LENSKART’ in relation to goods and services that were manufactured with much effort and expertise. Moreover, the plaintiff was the owner of the copyright in the original artistic work contained in the trademark/label/trade dress "LENSKART" and it has the exclusive right to use its registered trademark for its products under the provisions of Trademarks Act 1999. Furthermore, it recently came to Plaintiff Company’s attention that the defendant began operating its optical retail company in Aurangabad, Maharashtra, under the name "Lenspark," which is confusingly close to the trademark/tradename "LENSKART". It has also imitated the plaintiff's logo, store appearance, get-up, and promotional offers and scheme, as well as creating Facebook pages and promotions that are similar to the plaintiff's, all with the intent of deceiving customers and obtaining undue benefit by attempting to create an association with the plaintiff's mark/brand.

 

JUDGEMENT:

The defendant's illegal and unauthorised use of the plaintiff's work is an infringement of the plaintiff's copyright. Therefore, the Plaintiff Company is entitled to protection from infringement of its registered trademark "LENSKART". Decree of the permanent injunction is passed in favour of the plaintiff. It is further ordered that all the blocks, dies, finished goods, packing box/cartons/wrappers, packing material, bills, advertisement material, signage, display boards, stationery and other incriminating material of the defendant bearing the infringing trademark ‘LENSPARK’ and said infringing copyright/art−work be destroyed, the cost of the suit was  also awarded in favour of the plaintiff.